Non-Discharge Sample Clauses

Non-Discharge. It is further agreed that the penalties described in this Settlement Agreement are non-dischargeable under United States Code, title 11, section 523(a)(7), which provides an exception from discharge for any debt to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit.
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Non-Discharge. The Borrower waives any defenses based on suretyship or impairment of Negative Pledge Assets, waives any right of discharge under ss.3-605 of the Code and consents in advance to (i) any extension which the Lender may in its sole discretion hereafter grant in the due date for the payment or performance of any obligation of Borrower hereunder, (ii) any modification for the benefit of Borrower, including a material modification of any obligation of the Borrower hereunder which the Lender may in its sole discretion hereafter grant, (iii) any action taken hereunder which may result in any impairment of the value of any Negative Pledge Assets whether provided by Borrower, including, without limitation, any impairment of collateral as described in subsection 3-605(g) of the Code; (iv) any diligence in collection, the discharge or release of any party hereto or party to any subordination agreement, (v) the discharge or release of any collateral or, all presentment for payment, demand, protest or notice of protest, dishonor or non-payment, or (vi) the granting of any additional credit hereunder without notice.
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Non-Discharge. Unless otherwise specifically stated in any discharge of the Security Trust, the provisions of this clause 16 will continue in full force and effect despite such discharge.
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Non-Discharge. Neither the obligations of the Original Borrower herein contained nor the rights, powers and remedies conferred in respect of the Original Borrower upon any of the Finance Parties by any of the Finance Documents or by law shall be discharged, impaired or otherwise affected by: 25.4.1 the winding-up, dissolution, administration or reorganisation of any of the Subsidiary Borrowers or any other Person or any change in its status, function, control or ownership; 25.4.2 any of the obligations of any of the Subsidiary Borrowers or any other Person under any of the Finance Documents or under any other security taken in respect of any of its obligations thereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect; 25.4.3 time or other indulgence being granted or agreed to be granted to any of the Subsidiary Borrowers or any other Person in respect of its obligations under any of the Finance Subsidiary Documents or under any such other security; 25.4.4 any amendment to, or any variation, waiver or release of, any obligation of any of the Subsidiary Borrowers or any other Person under any of the Finance Documents or under any such other security; 25.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of any of the Subsidiary Borrowers under any of the Finance Documents; 25.4.6 any failure to realise or fully to realise the value of, or any release, discharge, exchange or substitution of, any security taken in respect of any of the Subsidiary Borrowers' obligations under any of the Finance Documents; 25.4.7 the accession of any one or more Acceding Subsidiary Borrowers to this Agreement by means of the procedure set out in clause 26 (Accession and Cessation of Subsidiary Borrowers) or the utilisation of the Facility by any such Acceding Subsidiary Borrower; or 25.4.8 any other act, event or omission which, but for this clause 25.4 (Non-discharge), might operate to discharge, impair or otherwise affect any of the obligations of the Original Borrower herein contained or any of the rights, powers or remedies conferred upon the Finance Parties by this Agreement or by law.
Sample 1
Non-Discharge. The Borrower waives any defenses based on suretyship or impairment of Collateral, waives any right of discharge under ‘3-605 of the Code and consents in advance to (i) any extension which the Lender may in its sole discretion hereafter grant in the due date for the payment or performance of any obligation of Borrower hereunder, (ii) any modification for the benefit of Borrower, including a material modification of any obligation of the Borrower hereunder which the Lender may in its sole discretion hereafter grant, any action taken hereunder which may result in any impairment of the value of any Collateral whether provided by Borrower, including, without limitation, any impairment of collateral as described in subsection 3-605(g) of the Code; (iv) any diligence in collection, the discharge or release of any party hereto or party to any subordination agreement, (v) the discharge or release of any collateral or, all presentment for payment, demand, protest or notice of protest, dishonor or non-payment, or (vi) the granting of any additional credit hereunder without notice.
Sample 1
Non-Discharge. Unless otherwise specifically stated in any discharge of the trusts of this Deed the provisions of this clause 13 shall continue in full force and effect despite such discharge. -------------------------------------------------------------------------------- 14 SUPPLEMENTAL SECURITY TRUSTEE PROVISIONS 14.1 ADDITIONAL POWERS, PROTECTIONS, ETC. By way of supplement to any Statute regulating the conduct of the trusts contained in this Deed and in addition to the powers and rights which may from time to time be vested in the Security Trustee by the general law it is expressly declared as follows:
Sample 1
Non-Discharge. Except for the Guarantor's payment of the Obligations in full as provided for herein, to the greatest extent permitted by the applicable laws and regulations, the Guarantor's obligations hereunder shall not be discharged or affected by any circumstances which might constitute a discharge or defense (including, without limitation, the bankruptcy, composition or reorganization of the Borrower) or the illegality, invalidity, unenforceability, or any defect in the Obligations. The intention of the Guarantor being that this Guarantee is absolute and unconditional in all circumstance.
Sample 1

Related to Non-Discharge

  • Satisfaction and Discharge SECTION 401.

  • DISCIPLINE, SUSPENSION AND DISCHARGE ‌ 15.01 The Employer shall not discipline, suspend, or discharge an Employee without just cause. 15.02 The Employer and the Union recognize the principle of progressive discipline. 15.03 When an Employee is to be disciplined (e.g., documented oral warning, written warning, suspension, or discharge), such discipline shall only be imposed at a meeting with the Employment Supervisor specifically convened for this purpose. Employees will be given forty-eight (48) hours’ notice, the reason(s) for the meeting and will be advised that they are entitled to be accompanied at this meeting by a Union representative. Such notice shall be in writing. The Union shall be copied on any disciplinary letter within three (3) Business Days of such a meeting. 15.04 A documented oral warning or a written warning shall normally precede imposition of a suspension or discharge, except in the case of gross neglect of duty position abandonment, or gross misconduct. 15.05 Where an Employee has received a disciplinary letter, the Employee may attach comments to the letter and the comments will be placed in their personnel file. (a) A disciplinary letter within an Employee’s personnel file shall be deemed null and void and removed from the file after a twenty-four (24) month period from the date of the letter, provided that no further discipline has been recorded within the period noted above. (b) Where, upon an Employee’s graduation from their program at Queen’s University, a disciplinary letter has been in the Employee’s personnel file for a period of no less than twelve (12) months, such a disciplinary letter shall be removed from the Employee’s personnel file at their request. (c) Article 15.06 (b) does not apply when the Employee registers immediately from one program at Queen’s University into another program at Queen’s University. 15.07 In cases involving allegations of serious misconduct or a threat to the safety of a person or property, as a precautionary measure, the Xxxx (or delegate) of the faculty in which the Employee works may suspend the Employee with pay during an investigation. Within one (1) Business Day from the time of such a suspension, the Employer shall provide the Employee with a letter setting out the allegation or threat with a copy to the Union. The letter will inform the Employee of their right to Union representation in connection with the matter and a meeting will be scheduled between the parties within three (3) Business Days of the above letter being provided. The parties may delay this meeting by written agreement pending the outcome of an investigation. The Employer will complete the investigation and inform the Employee of the results of the investigation, and of any corrective action that has been or will be taken, normally within ninety (90) calendar days of the commencement of the investigation, unless there are extenuating circumstances warranting a longer investigation. During any meetings between the Employee and the Employer during the investigation, the Employee may choose to be accompanied by a Union representative. Where, at the conclusion of the investigation, the allegations that were investigated are unfounded, there shall be no record of the investigation in the Employee’s personnel file. Where the allegations are founded, the Employer may take disciplinary action.