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Common use of Non-Merger Clause in Contracts

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender in respect of this Agreement will not operate as a merger of any indebtedness of any Borrower to the Lender or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any Borrower hereunder.

Appears in 18 contracts

Samples: Subordinate Credit Agreement (Brookfield Infrastructure Corp), First Amending Agreement (Brookfield Infrastructure Corp), First Amending Agreement (Brookfield Infrastructure Corp)

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender in respect of this Agreement any Financing Document will not operate as a merger of any indebtedness Indebtedness of any Borrower the Borrowers to the Lender or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any Borrower the Borrowers hereunder.

Appears in 7 contracts

Samples: Credit Agreement (Brookfield Business Corp), Credit Agreement (Brookfield Business Partners L.P.), Credit Agreement (Brookfield Business Partners L.P.)

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender Lenders in respect of this Agreement will not operate as a merger of any indebtedness of any Borrower the Borrowers to the Lender Lenders or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender Lenders may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any Borrower the Borrowers hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Brookfield Asset Management Reinsurance Partners Ltd.), Credit Agreement (Brookfield Asset Management Inc.)

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the any Lender in respect of this Agreement will not operate as a merger of any indebtedness of any Borrower to the Lender Lenders or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender Lenders may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any Borrower hereunder.

Appears in 2 contracts

Samples: First Amending Agreement (Brookfield Renewable Corp), First Amending Agreement (Brookfield Renewable Corp)

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender Lenders in respect of this Agreement will not operate as a merger of any indebtedness Indebtedness of any the Borrower to the Lender Lenders or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender Lenders may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any the Borrower hereunder.. 47

Appears in 1 contract

Samples: Credit Agreement

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender Lenders in respect of this Agreement will not operate as a merger of any indebtedness Indebtedness of any the Borrower to the Lender Lenders or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender Lenders may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any the Borrower hereunder.

Appears in 1 contract

Samples: Credit Agreement (TerraForm Power, Inc.)

Non-Merger. The taking of a judgment or judgments or any other action or dealing whatsoever by the Lender Lenders in respect of this Agreement will not operate as a merger of any indebtedness of any Borrower to the Lender Lenders or in any way suspend payment or affect or prejudice the rights, remedies and powers, legal or equitable, which the Lender Lenders may have in connection with such liabilities and the surrender, cancellation or any other dealings with any security for such liabilities will not release or affect the liability of any the Borrower hereunder.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Asset Management Ltd.)