Indivisibility. The Parties intend that this Agreement be indivisible and nonseverable, and each of the Parties acknowledges that it has assented to all of the covenants and promises in this Agreement as a single whole and that all of such covenants and promises, taken as a whole, constitute the essence of the contract. The Parties further acknowledge that this Agreement is intended to constitute a single transaction, that the obligations of the Parties under this Agreement are interdependent, and that payment obligations under this Agreement are intended to be recoupable against other payment obligations under this Agreement.
Indivisibility. The Parties intend that this Agreement be indivisible and nonseverable, and each of the Parties acknowledges that it has assented to all of the covenants and promises in this Agreement as a single whole and that all of such covenants and promises, taken as a whole, constitute the essence of the contract. Without limiting the generality of the foregoing, each of the Parties acknowledges that any provision by BellSouth of collocation space under this Agreement is solely for the purpose of facilitating the provision of other services under this Agreement and that neither Party would have contracted with respect to the provisioning of collocation space under this Agreement if the covenants and promises of the other Party with respect to the other services provided under this Agreement had not been made. The Parties further acknowledge that this Agreement is intended to constitute a single transaction, that the obligations of the Parties under this Agreement are interdependent, and that payment obligations under this Agreement are intended to be recouped against other payment obligations under this Agreement.
Indivisibility. Each party acknowledges that this Agreement, the Master Subordinated Deposit Agreement and the Master Complementary Deposit Agreement shall form a single set of contractual rights and obligations and that, if the Master Subordinated Deposit Agreement, or the Master Complementary Deposit Agreement becomes void or ceases to be effective and enforceable for any reason whatsoever, this Agreement shall also become void or cease to be effective and enforceable accordingly. Any payment already made by the Centralising Unit acting in the name and on behalf of the Sellers or on its own behalf to the Purchaser under this Agreement, the Receivables Purchase Agreements, the Master Subordinated Deposit Agreement and the Master Complementary Deposit Agreement shall not be affected by such a nullity, ineffectiveness or unenforceability.
Indivisibility. 20.1 The Parties intend that this Agreement be indivisible and nonseverable, and each of the Parties acknowledges that it has assented to all of the covenants and promises in this Agreement as a single whole and that all of such covenants and promises, taken as a whole, constitute the essence of the contract. Without limiting the generality of the foregoing, each of the Parties acknowledges that any provision by BellSouth of Collocation Space (or space pursuant to Adjacent Arrangement) under this Agreement is solely for the purpose of facilitating the provision of other services under this Agreement and that neither Party would have contracted with respect to the provisioning of Collocation Space (or space pursuant to Adjacent Arrangement) if the covenants and promises of the other Party with respect to the other services provided for under this Agreement had not been made. The Parties further acknowledge that this Agreement is intended to constitute a single transaction, that the obligations of the Parties under this Agreement are interdependent, and that payment obligations under this Agreement are intended to be recoupable against other payment obligations under this Agreement.
Indivisibility. If the lessee has reached two or more lease agreements with the lessor, all these agreements constitute an indivisible whole, so that the termination of one automatically results in the termination of the other agreements, if the lessor deems this appropriate (see article 20).
Indivisibility. Without prejudice to what is provided for in Article 12 (Immediate Maturity) below and especially in Article 12 paragraph 1, any obligation resulting from this loan is indivisible between the potential beneficiaries of the company (between the company and its potential beneficiaries) so that in the event of split, merger, transfer or equivalent operation, each of the entities resulting from the operation remains bound by this obligation. This indivisibility has the most extensive effects. The Creditor may, in particular, pursue the recovery of all of what is due, at the expense of the beneficiaries of the Company.
Indivisibility. This Lease constitutes one indivisible lease of the Leased Properties, and not separate leases governed by similar terms. The Leased Properties constitute one economic unit, and the Base Rent and all other provisions have been negotiated and agreed to based on a demise of all of the Leased Properties as a single, composite, inseparable transaction and would have been substantially different had separate leases or a divisible lease been intended. Except as expressly provided herein for specific, isolated purposes (and then only to the extent expressly otherwise stated), all provisions of this Lease apply equally and uniformly to all the Leased Properties as one unit. An Event of Default with respect to any Leased Property is an Event of Default as to all of the Leased Properties. The parties intend that the provisions of this Lease shall at all times be construed, interpreted and applied so as to carry out their mutual objective to create an indivisible lease of all the Leased Properties and, in particular but without limitation, that for purposes of any assumption, rejection or assignment of this Lease under 11 U.S.C. Section 365 of the Bankruptcy Code, this is one indivisible and non-severable lease and executory contract dealing with one legal and economic unit which must be assumed, rejected or assigned as a whole with respect to all (and only all) the Leased Properties covered hereby.
Indivisibility. This Settlement Agreement embodies compromises of the Settling Parties’ positions in this proceeding. No individual term of this Settlement Agreement is assented to by any Settling Party, except in consideration of the other Settling Parties’ assents to all other terms. Thus, the Settlement Agreement is indivisible, and each part is interdependent on each and all other parts. Any Settling Party may withdraw from this Settlement Agreement if the Commission, or any court of competent jurisdiction, modifies, deletes from, or adds to the disposition of the matters settled herein. The Settling Parties agree, however, to negotiate in good faith regarding any Commission-ordered changes to restore the balance of the benefits and burdens, and to exercise the right to withdraw only if such negotiations are unsuccessful.
Indivisibility. This SA embodies compromises of the Joint Parties' positions. No individual term of this SA is assented to by any of the Joint Parties, except in consideration of the other Joint Parties' assents to all other terms. Thus, the SA is indivisible and each part is interdependent on each and all other parts. Any party may withdraw from this SA if the Commission modifies, deletes from, or adds to the disposition of the matters stipulated herein. The Joint Parties agree, however, to negotiate in good faith with regard to any Commission-ordered changes in order to restore the balance of benefits and burdens, and to exercise the right to withdraw only if such negotiations are unsuccessful. The Joint Parties acknowledge that the positions expressed in the SA were reached after consideration of all positions advanced in the prepared and oral testimony of SDG&E/SoCalGas and the other interested parties, as well as proposals offered during the settlement negotiations. This document sets forth the entire agreement of the Joint /// HI III III Parties on all of those issues, except as specifically described within the SA. The terms and conditions of this SA may only be modified in writing subscribed by all Joint Parties. Dated this 22" day of August, 2008. SAN DIEGO GAS & ELECTRIC COMPANY and SOUTHERN CALIFORNIA GAS COMPANY By: Is/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Vice President — Customer Services DIVISION OF RATEPAYER ADVOCATES By: Is/ Xxxx Xxxxxxx Xxxx Xxxxxxx Director SOUTHERN CALIFORNIA EDISON COMPANY By: Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Senior Attorney XXXXXXXX & XXXX LLP By: Is/ Xxxxxx Xxxx Xxxxxx Xxxx Counsel to the INDICATED PRODUCERS SOUTHERN CALIFORNIA GENERATION COALITION By: Is/ Xxxxxx X. Xxxxxxxx Xxxxxx X. Xxxxxxxx Attorney CITY OF LONG BEACH, a municipal corporation By: Is/ Xxxxxxx X Xxxx Xxxxxxx X. Xxxx City Manager SOUTHWEST GAS CORPORATION By: Is/ Xxxxx Xxxxxx Xxxxx Xxxxxx Attorney for Southwest Gas Corporation CROSSBORDER ENERGY
Indivisibility. This Pledge is indivisible and therefore all goods encumbered by this Pledge are subject to the payment in full of all the Secured Obligations. Therefore, if and when the Collateral Agent enforces the payment of the Secured Obligations, the goods subject to this Pledge, shall be allocated exclusively and preferentially to pay all the Secured Obligations.
