Non-avoidance. If any payment by a Transaction Party to a Finance Party is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Transaction Party or any other thing, and whether or not:
(a) any transaction relating to the Secured Moneys was illegal, void or substantially avoided; or
(b) any thing was or ought to have been within the knowledge of any Finance Party, the Transaction Party:
(c) as an additional, separate and independent obligation, indemnifies each Finance Party against that avoided payment; and
(d) acknowledges that any liability of the Transaction Party under the Transaction Documents and any right or remedy of the Finance Parties under the Transaction Documents is the same as if that payment had not been made.
Non-avoidance. If any payment by the Grantor to the Secured Party is at any time avoided for any reason including any legal limitation, disability or incapacity of or affecting the Grantor or any other thing, and whether or not:
(a) any transaction relating to the Secured Moneys was illegal, void or substantially avoided; or
(b) any thing was or ought to have been within the knowledge of the Secured Party, the Grantor:
(c) as an additional, separate and independent obligation, indemnifies the Secured Party against that avoided payment; and
(d) acknowledges that any liability of the Grantor under the Finance Documents and any Power is the same as if that payment had not been made.
Non-avoidance. Parent will not take any action with respect to the Company that would cause the transactions contemplated by this Agreement to constitute part of a transaction that is the same as, or substantially similar to, the “Intermediary Transaction Tax Shelter” described in Internal Revenue Service Notices 2001-16 and 2008-111.
Non-avoidance. The Company will not, by amendment of its Certificate of Incorporation, Charter or Bylaws or through reorganization, consolidation, merger, sale of assets or otherwise, avoid or seek to avoid the observance or performance of any of the terms of this Warrant. Without limiting the foregoing, the Company (i) will not increase the par value of any shares of capital stock receivable upon the exercise of this Warrant above the amount payable therefor upon such exercise and (ii) will take all such action as may be necessary or appropriate in order that the Company may validly and legally issue fully paid and nonassessable shares of capital stock upon the exercise of this Warrant.
Non-avoidance. If any payment by a Transaction Party to the Lender is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Transaction Party or any other thing, and whether or not:
(a) any transaction relating to the Outstanding Moneys was illegal, void or substantially avoided; or
(b) any thing was or ought to have been within the knowledge of the Lender, the Transaction Party: (c) as an additional, separate and independent obligation, indemnifies the Lender against that avoided payment; and
Non-avoidance. The Agency shall not exercise its rights set forth above for the purpose of avoiding the terms of this contract.
Non-avoidance. No Obligor will knowingly do or omit or permit anything to be done which may make void or voidable any Insurance Policy.
Non-avoidance. If any payment by the Grantor to the Secured Party is at any time avoided for any reason including, but not limited to, any legal limitation, disability or incapacity of or affecting the Grantor or any other thing, and whether or not:
(a) any transaction relating to the Secured Moneys was illegal, void or substantially avoided; or
(b) any thing was or ought to have been within the knowledge of the Secured Party, that Grantor:
(c) as an additional and independent obligation, indemnifies the Secured Party against that avoided payment but only to the extent that this indemnity can be satisfied out of the Secured Property; and
(d) acknowledges that any liability of the Grantor under this document and any Power is the same as if that payment had not been made.
Non-avoidance. The obligations of an Owner to contribute towards Common Expenses shall not be avoided by waiver of the right to use the Internal Driveway and Parking, the Internal W alkways or the Common Property, or by abandonment or by any other means.
Non-avoidance. If any payment by the Grantor to the Security Trustee is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Grantor or any other thing, and whether or not: (a) any transaction relating to the Secured Moneys was illegal, void or substantially avoided; or (b) any thing was or ought to have been within the knowledge of the Security Trustee, the Grantor: (c) as an additional, separate and independent obligation, indemnifies the Security Trustee against that avoided payment; and (d) acknowledges that any liability of the Grantor under the Transaction Documents and any Power is the same as if that payment had not been made.