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Nature of Claims Sample Clauses

Nature of Claims. The waivers and limitations in this Section 14 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Nature of Claims. The Junior Lien Representative, on behalf of itself and each other Junior Lien Secured Party, acknowledges that (a) the terms of the Senior Lien Debt Documents and the Senior Lien Obligations may be amended, restated, supplemented, waived or otherwise modified from time to time, and the Senior Lien Obligations, or a portion thereof, may be Refinanced from time to time, in each case subject to any limitations in Section 5.03(a), and (b) the aggregate amount of the Senior Lien Obligations may be increased, in each case without notice to or consent by the Junior Lien Representative or any other Junior Lien Secured Party and without affecting the provisions hereof. As between the Grantors and the Junior Lien Secured Parties, the foregoing provisions will not limit or otherwise affect the obligations of the Grantors contained in any Junior Lien Debt Document with respect to the incurrence of additional Senior Lien Obligations. The Senior Lien Representative, on behalf of itself and each other Senior Lien Secured Party, acknowledges that (a) a portion of the Junior Lien Obligations is revolving in nature and that the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (b) the terms of the Junior Lien Debt Documents and the Junior Lien Obligations may be amended, restated, supplemented, waived or otherwise modified from time to time, and the Junior Lien Obligations, or a portion thereof, may be Refinanced from time to time, in each case subject to any limitations set forth in Section 5.03(b), and (c) the aggregate amount of the Junior Lien Obligations may be increased, in each case without notice to or consent by the Senior Lien Representative or any other Senior Lien Secured Party and without affecting the provisions hereof. The lien priorities provided for in Section 2.01 shall not be altered or otherwise affected by any amendment, supplement or other modification, or any Refinancing, of either the Senior Lien Obligations or the Junior Lien Obligations, or any portion thereof. As between the Grantors and the Senior Lien Secured Parties, the foregoing provisions will not limit or otherwise affect the obligations of the Grantors contained in any Senior Lien Debt Document with respect to the incurrence of additional Junior Lien Obligations.
Nature of Claims. Each of the Applicable Second Lien Agent and each Second Lien Obligations Representative, for itself and on behalf of the applicable Second Lien Obligations Secured Parties, acknowledges and agrees that (i) with respect to any commitments under any First Lien Obligations Agreement that constitute revolving credit commitments, in the ordinary course of business, the applicable First Lien Obligations Representative and lenders thereunder will apply payments and make advances to the Company or other Pledgors thereunder and the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (ii) no release of any Lien by the Applicable First Lien Agent or any First Lien Obligations Representative, as the case may be, upon any portion of the Common Collateral or other collateral securing any First Lien Obligations in connection with a Disposition not prohibited under the First Lien Obligations Documents shall constitute the exercise of remedies prohibited under this Agreement, and (iii) the amount of the First Lien Obligations that may be outstanding at any time or from time to time may be increased by way of incremental commitments or reduced and, with respect to any First Lien Obligations that comprise revolving facilities, subsequently reborrowed. The Lien priority set forth in this Agreement shall not be altered or otherwise affected by any amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the First Lien Obligations or any portion thereof.
Nature of Claims. During Seller’s ownership of the Property, there have not been and there are not now pending or, to Seller’s knowledge, threatened: (i) claims, causes of action, notices, or requests for information received by Seller with respect to any alleged violation of any Environmental Law with respect to the Property; or (ii) claims, causes of action, notices, or requests for information received by Seller regarding potential or alleged liability under any Environmental Law with respect to the Property.
Nature of Claims. Sibanye shall not be liable for ‑ 17.3.1 any Claim for any consequential loss, including loss of profits, injury to business reputation and/or loss of business opportunities; Exchange Agreement - Execution - 22 Nov 2017/#4687757v1 22112017 17.3.2 any Claim by the Issuing Party to the extent that a Claim has been made by DRD arising out of substantially the same course or set of facts or having the course of action; 17.3.3 any Claim by DRD to the extent that a Claim has been made by the Issuing Party arising out of substantially the same course or set of facts or having the same course of action; 17.3.4 any Indemnified Loss suffered or incurred as a result of any breach of Warranty if and to the extent that ‑ 17.3.4.1 such breach or Indemnified Loss is caused by ‑ 17.3.4.1.1 any matter or thing done, or omitted to be done, pursuant to and in compliance with this Agreement or otherwise at the request, or with the approval in writing, of DRD; 17.3.4.1.2 any act, omission or transaction of DRD (or any director, officer, employee or agent or successor‑in‑title of DRD); 17.3.4.1.3 any passing of, or change in, or change of any generally accepted interpretation or application of, any Applicable Laws (including any change in any rates of Taxation) which occurs on or after the Signature Date; 17.3.4.1.4 any failure by DRD to use reasonable endeavours to avoid or mitigate any Indemnified Loss; or 17.3.4.2 the Issuing Party has failed to comply with 16.2 or 16.3 and that failure has caused, contributed to or aggravated the Indemnified Loss. If the Issuing Party or DRD has the right to recover from a third party a sum which indemnifies or compensates (in whole or in part) the Issuing Party or DRD, as the case may be, in respect of any Indemnified Loss, then the Issuing Party or DRD, as the case may be, shall notify Sibanye in writing forthwith of it becoming aware of such right to enable Sibanye to take steps to obtain recovery from such third party and the Issuing Party or DRD, as the case may be, shall take all such steps (including ceding or procuring the cession of such right) as Sibanye may reasonably require (at the cost of Sibanye) in order to enable Sibanye to enforce such right. Exchange Agreement - Execution - 22 Nov 2017/#4687757v1 22112017 18 INTERIM PERIOD
Nature of ClaimsThe Second Lien Agent, for itself and on behalf of the applicable Second Lien Secured Parties, acknowledges and agrees that (i) with respect to any commitments under any First Lien Facility that constitute revolving credit commitments, in the ordinary course of business, the applicable First Lien Agent and lenders thereunder will apply payments and make advances to the Company or other Pledgors thereunder and the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed; (ii) no release of any Lien by the First Lien Agent upon any portion of the Common Collateral or other collateral securing any First Lien Obligations in connection with a Disposition not prohibited under the First Lien Documents shall constitute the exercise of remedies prohibited under this Agreement; and (iii) the amount of the First Lien Obligations that may be outstanding at any time or from time to time may be increased (including by way of incremental commitments or as a result of fluctuations in commodity prices or interest rates) or reduced and, with respect to any First Lien Obligations that comprise revolving facilities, including letter of credit facilities, subsequently reborrowed. The Lien priority set forth in this Agreement shall not be altered or otherwise affected by any amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the First Lien Obligations or any portion thereof.
Nature of ClaimsThe claims evidenced by this Note are registered claims (vorderingen op naam) and this Note is not payable to bearer (aan toonder) or to order (aan order). For the avoidance of doubt, this Note does not qualify as a promissory note within the meaning of the 1930 convention for the settlement of certain conflicts of laws in connection with bills of exchange and promissory notes. This Note is a non-recourse note. The obligations of the Obligor evidenced by this Note are to be repaid by the Obligor from the proceeds from time to time of the Subject Partnership Investment.
Nature of Claims. Disputes, claims or controversies shall mean, but are not limited to, all claims based on breach of contract, negligence, medical malpractice, tort, breach of statutory duty, patient's rights, any departures from accepted standards of care, and all disputes regarding the interpretation of this Agreement, allegations of fraud in the inducement or requests for rescission of this Agreement. This includes claims against the PRACTICE, its employees, agents, officers, directors, any parent, subsidiary or affiliate of PRACTICE. All claims based in whole or in part on the same incident, transaction, or related course of care and services provided by the PRACTICE to PATIENT shall be arbitrated in one proceeding.
Nature of ClaimsFor the purposes of this Sub-section 5.5, a claim may be contractual in na- ture or non-contractual in nature.
Nature of Claims. (a) Each Representative, on behalf of itself and each Secured Party that it represents under its applicable Debt Documents, acknowledges that (x) the terms of the Debt Documents and the Obligations may be amended, restated, amended and restated, supplemented or otherwise modified, and the Obligations, or a portion thereof, may be Refinanced from time to time and (y) the aggregate amount of the Obligations may be increased, in each case, without notice to or consent by any Representatives or any applicable Secured Parties and without affecting the provisions hereof, except as otherwise limited or prohibited in the Debt Documents. (b) The priorities provided for in Section 2.01 hereof shall not be altered or otherwise affected by any amendment, restatement, amendment and restatement, supplement or other modification, or any Refinancing, of the Obligations, or any portion thereof, to the extent such amendment, restatement, amendment and restatement, supplement or other modification or Refinancing is permitted hereunder. As between the Company and the other Grantors and the Secured Parties, the foregoing provisions will not limit or otherwise affect the obligations of the Company and the other Grantors contained in the applicable Debt Document with respect to the incurrence of additional Indebtedness.