Common use of Non-avoidance Clause in Contracts

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.

Appears in 6 contracts

Samples: Facility Agreement (Apollo Gold Corp), Facility Agreement (Apollo Gold Corp), Neutron Energy Facility Extension (Neutron Energy, Inc.)

AutoNDA by SimpleDocs

Non-avoidance. If any payment by a Transaction Party an Obligor to a Finance Party is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Transaction Party Obligor 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 PartyObligor: (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 Obligor under the Transaction Finance Documents and any right or remedy of the Finance Parties under the Transaction Finance Documents is the same as if that payment had not been made.

Appears in 2 contracts

Samples: Term Facility Agreement (Paringa Resources LTD), Project Facility Agreement (Paringa Resources LTD)

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 PartyBorrower: (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.

Appears in 1 contract

Samples: Facility Agreement (Bullfrog Gold Corp.)

Non-avoidance. If any payment by a Transaction Party to a Finance Party 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 Secured Moneys was illegal, void or substantially avoided; or (b) any thing was or ought to have been within the knowledge of any Finance Partythe Lender, the Transaction Party: (c) as an additional, separate and independent obligation, indemnifies each Finance Party the Lender 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 Lender under the Transaction Documents is the same as if that payment had not been made.

Appears in 1 contract

Samples: Debt Finance Facility Agreement (Olympus Pacific Minerals Inc)

AutoNDA by SimpleDocs

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 PartyBorrower: (c) as an additional, separate and independent obligation, indemnifies each Finance Party against that avoided payment; and (d) acknowledges that that, to the extent permitted by applicable law, 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.

Appears in 1 contract

Samples: Facility Agreement (Ur-Energy Inc)

Non-avoidance. If any payment by a Transaction Party the Borrower to a Finance Party is avoided for any reason including any legal limitation, disability or incapacity of or affecting the Transaction Party Borrower 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 PartyBorrower: (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 Borrower 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.

Appears in 1 contract

Samples: Facility Agreement (Solitario Exploration & Royalty Corp.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!