Obligations not discharged. Neither the obligations of the Guarantor herein contained nor the rights, powers and remedies conferred in respect of the Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by: 31.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower or any other person or any change in its status, function, control or ownership; 31.4.2 any of the obligations of the Borrower or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect; 31.4.3 time, waiver, consent or other indulgence being granted or agreed to be granted to the Borrower in respect of its obligations under the Finance Documents or under any such other security; 31.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower under the Finance Documents or under any such other security; 31.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s obligations under the Finance Documents; 31.4.6 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 the Borrower’s obligations under the Finance Documents; 31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or 31.4.9 any other act, event or omission which, but for this Clause 31.4, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 3 contracts
Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 21.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 21.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 21.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 21.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Documents or under any such other security;
31.4.5 21.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 21.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 any other act, event or omission which, but for this Clause 31.4, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 2 contracts
Samples: Credit Agreement (NTL Delaware Inc), Credit Agreement (NTL Inc/De/)
Obligations not discharged. Neither the obligations of the Guarantor herein contained nor the rights, powers and remedies conferred in respect of the Guarantor upon any Finance Party by the any Finance Documents Document or by law shall be discharged, impaired or otherwise affected by:
31.4.1 a) the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person entity or any change in its status, function, control or ownership;
31.4.2 b) any of the obligations of the Borrower any Obligor or any other person under the Finance Documents entity hereunder or under any other security taken in respect of any of its obligations under the any Finance Documents Document being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent c) time or other indulgence being granted or agreed to be granted to the Borrower any Obligor in respect of its obligations under the any Finance Documents Document or under any such other security;
31.4.4 d) any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor under the any Finance Documents Document or under any such other security;
31.4.5 e) any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrowerany Obligor’s obligations under the any Finance DocumentsDocument;
31.4.6 f) 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 the Borrowerany Obligor’s obligations under the any Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other personDocument; or
31.4.9 g) any other act, event or omission which, but for this Clause 31.421.5 (Obligations not Discharged), might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein contained in any Finance Document or any of the rights, powers or remedies conferred upon any of the Finance Parties by the any Finance Documents Document or by law.
Appears in 1 contract
Samples: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 20.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 20.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 20.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 20.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Documents or under any such other security;
31.4.5 20.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 20.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 20.4.7 any other act, event or omission which, but for this Clause 31.420.4, might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Samples: Credit Agreement (NTL Inc)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 19.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 19.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 19.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 19.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Documents or under any such other security;
31.4.5 19.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 19.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 19.4.7 any other act, event or omission which, but for this Clause 31.419.4, might operate to discharge, impair or otherwise affect any of the obligations of the any Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Obligations not discharged. Neither the obligations of the Guarantor herein contained nor the rights, powers and remedies conferred in respect of the Guarantor upon the Agent, the Arrangers and the Banks or any Finance Party of them by the Finance Documents this Agreement or by law shall be discharged, impaired or otherwise affected by:
31.4.1 (a) the winding-up, dissolution, administration or re-organisation of any of the Borrower Borrowers (other than the Guarantor) or any other person providing any security or guarantee in connection with any obligations assumed hereunder or any change in its status, function, control or ownership;
31.4.2 (b) any of the obligations of any of the Borrower Borrowers (other than the Guarantor) or any other person under the Finance Documents providing any security or guarantee in connection with any obligations assumed hereunder or under any other security taken in respect of any of its the Borrowers' obligations under the Finance Documents hereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent (c) time or other indulgence being granted or agreed to be granted to any of the Borrower Borrowers in respect of its obligations under the Finance Documents hereunder or under any such other security;
31.4.4 (d) any amendment to, or any variation, waiver or release of, any obligation of any of the Borrower under the Finance Documents Borrowers hereunder or under any such other security;
31.4.5 (e) any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of any of the Borrower’s Borrowers' obligations under the Finance Documentshereunder;
31.4.6 (f) 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 the Borrower’s obligations under the Finance Documents;
31.4.7 the release any of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other personBorrowers' obligations hereunder; or
31.4.9 (g) any other act, event or omission which, but for this Clause 31.417.5, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein contained or any of the rights, powers or remedies conferred upon the Agent, the Arrangers and the Banks or any of the Finance Parties them by the Finance Documents this Agreement or by law.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Niner Acquistion Inc)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the any Finance Documents Document or by law shall be discharged, impaired or otherwise affected by:
31.4.1 the winding-up, dissolution, administration or re-organisation 25.5.1 any insolvency proceeding in respect of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 25.5.2 any of the obligations of the Borrower any Obligor or any other person under the any Finance Documents Document or under any other security taken in respect of any of its obligations under the any Finance Documents Document being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 25.5.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor in respect of its obligations under the any Finance Documents Document or under any such other security;
31.4.4 25.5.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor under the any Finance Documents Document or under any such other security;
31.4.5 25.5.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the any Finance DocumentsDocument;
31.4.6 25.5.6 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 the Borrower’s any Obligor's obligations under the any Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other personDocument; or
31.4.9 25.5.7 any other act, event or omission which, but for this Clause 31.4, 25.5 (Obligations not Discharged) might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained in any Finance Document or any of the rights, powers or remedies conferred upon any of the Finance Parties by the any Finance Documents Document or by law.
Appears in 1 contract
Samples: Senior Credit Agreement (Transworld Healthcare Inc)
Obligations not discharged. Neither the obligations of the Guarantor herein contained each Term Facility B Lender and/or Subfacility Bank in this Clause 28 nor the rights, powers and remedies conferred in respect of the Guarantor upon any Finance Party Issuing Bank and/or Subfacility Bank by the Finance Documents this Agreement or by law shall be discharged, impaired or otherwise affected by:
31.4.1 (a) the winding-up, dissolution, administration or re-organisation of the relevant Issuing Bank and/or Subfacility Bank, any Borrower or any other person or any change in its the status, function, control or ownershipownership of any of them;
31.4.2 (b) any of the obligations of the relevant Issuing Bank and/or Subfacility Bank, any Borrower or any other person under this Agreement, under the Finance Documents Letter of Credit, any Subfacility or under any other security taken in respect of any of its Borrower's obligations under the Finance Documents this Agreement or otherwise in connection with any Letter of Credit and/or any Subfacility, respectively, being or becoming illegal, invalid, unenforceable or ineffective in any respect;; 125
31.4.3 time, waiver, consent (c) time or other indulgence being granted or agreed to be granted to the relevant Issuing Bank, Subfacility Bank, any Borrower or any other person in respect of its the obligations of any of them under the Finance Documents this Agreement, under any Letter of Credit and/or any Subfacility, respectively, or under any such other securitysecurity taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with any Letter of Credit and/or any Subfacility, respectively;
31.4.4 (d) any amendment to, or any variation, waiver or release of, any obligation of the Borrower under the Finance Documents or under any such other security;
31.4.5 any failure to takerelevant Issuing Bank, or fully to takeSubfacility Bank, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s obligations under the Finance Documents;
31.4.6 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 the Borrower’s obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms this Agreement, under any Letter of Credit and/or any Subfacility, respectively, or under any other security taken in respect of any composition Borrower's obligations under this Agreement or arrangement otherwise in connection with any creditor Letter of any member of the Group;Credit and/or Subfacility, respectively; and
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 (e) any other act, event or omission which, but for this Clause 31.428, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein each Term Facility B Lender and/or Revolving Credit Facility Lender, respectively, contained in this Agreement or any of the rights, powers or remedies conferred upon any of the Finance Parties Issuing Bank and/or Subfacility Bank by the Finance Documents this Agreement or by law. The obligations of each Lender contained in this Agreement shall be in addition to and independent of every other security which any Issuing Bank and/or Subfacility Bank may at any time hold in respect of any Borrower's obligations under this Agreement or otherwise in connection with any Letter of Credit and/or Subfacility, respectively.
Appears in 1 contract
Samples: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Credit Facility Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 25.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 25.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Credit Facility Documents or under any other security taken in respect of any of its obligations under the Finance Credit Facility Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 25.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Credit Facility Documents or under any such other security;
31.4.4 25.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Credit Facility Documents or under any such other security;
31.4.5 25.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Credit Facility Documents;
31.4.6 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 the Borrower’s any Obligor's obligations under the Finance Credit Facility Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 25.4.7 any other act, event or omission which, but for this Clause 31.425.4, might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Credit Facility Documents or by law.
Appears in 1 contract
Samples: Credit Agreement (Comple Tel LLC)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 30.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower Account Party or any other person or any change in its status, function, control or ownership;
31.4.2 30.4.2 any of the obligations of the Borrower Account Party or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 30.4.3 time or other indulgence being granted or agreed to be granted to the Borrower Account Party in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 30.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower Account Party under the Finance Documents or under any such other security;
31.4.5 30.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the BorrowerAccount Party’s obligations under the Finance Documents;
31.4.6 30.4.6 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 the BorrowerAccount Party’s obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 30.4.7 any other act, event or omission which, but for this Clause 31.430.4, might operate to discharge, impair or otherwise affect any of the obligations of the a Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Samples: Exhibit Agreement (Ace LTD)
Obligations not discharged. Neither the obligations of the either Guarantor herein contained nor the rights, powers and remedies conferred in respect of the either Guarantor upon any Finance Party by the Finance Documents this Agreement or by law shall be discharged, impaired or otherwise affected by:
31.4.1 19.5.1 the winding-up, dissolution, administration or re-organisation of the Borrower or any other person or any change in its status, function, control or ownership;
31.4.2 19.5.2 any of the obligations of the Borrower or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents thereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 19.5.3 time or other indulgence being granted or agreed to be granted to the Borrower or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 19.5.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower or any other person under the Finance Documents or under any such other security;
31.4.5 19.5.5 any failure to take, or fully to take, any security contemplated hereby by the Finance Documents or otherwise agreed to be taken in respect of the Borrower’s 's obligations under the Finance Documents;
31.4.6 19.5.6 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 the Borrower’s 's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 19.5.7 any other act, event or omission which, but for this Clause 31.419.5, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents this Agreement or by law.
Appears in 1 contract
Obligations not discharged. Neither the obligations of the Guarantor Guarantors herein contained nor the rights, powers and remedies conferred in respect of the Guarantor Guarantors upon the Finance Parties or any Finance Party of them by the Finance Facility Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 33.3.1 the winding-up, dissolution, administration or re-organisation of the Borrower or any other person or any change in its status, function, control or ownership;
31.4.2 33.3.2 any of the obligations of the Borrower or any other person under the Finance Facility Documents or under any other security taken in respect of any of its obligations under the Finance Documents thereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 33.3.3 time or other indulgence being granted or agreed to be granted to the Borrower in respect of its obligations under the Finance Documents or under any such other securityFacility Document;
31.4.4 33.3.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower under the Finance Documents or any other person under any such other securityFacility Document;
31.4.5 33.3.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of any of the Borrower’s 's obligations under the Finance Documentsany Facility Document;
31.4.6 33.3.6 any failure to realise or fully to realise the value of, or any release, discharge, exchange or substitution of, any security encumbrance taken in respect of any of the Borrower’s 's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other personFacility Document; or
31.4.9 33.3.7 any other act, event or omission which, but for this Clause 31.433.3, might operate to discharge, impair or otherwise affect any of the obligations of any of the Guarantor Guarantors herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties or any of them by the Finance Facility Documents or any of them or by law.
Appears in 1 contract
Samples: Facility Agreement (Primacom Ag)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 25.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 25.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 25.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 25.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor under the Finance Documents or under any such other security;
31.4.5 25.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 25.4.7 any other act, event or omission which, but for this Clause 31.425.4, might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Samples: Loan Agreement (Getronics N V)
Obligations not discharged. Neither the obligations of the Guarantor herein contained nor the rights, powers and remedies conferred in respect of the Guarantor upon the Facility Agent, the Arrangers and the Banks or any Finance Party of them by the Finance Documents this Agreement or by law shall be discharged, impaired or otherwise affected by:
31.4.1 16.5.1 the winding-up, dissolution, administration or re-organisation of the Borrower any other Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 16.5.2 any of the obligations of the Borrower any other Obligor or any other person under the Finance Documents hereunder or under any other security taken in respect of any of its obligations under the Finance Documents hereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 16.5.3 time or other indulgence being granted or agreed to be granted to the Borrower any other Obligor in respect of its obligations under the Finance Documents hereunder or under any such other security;
31.4.4 16.5.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower under the Finance Documents any other Obligor hereunder or under any such other security;
31.4.5 16.5.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any other Obligor's obligations under the Finance Documentshereunder;
31.4.6 16.5.6 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 the Borrower’s obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other personObligor's obligations hereunder; or
31.4.9 16.5.7 any other act, event or omission which, but for this Clause 31.416.5, might operate to discharge, impair or otherwise affect any of the obligations of the Guarantor such Obligor herein contained or any of the rights, powers or remedies conferred upon the Facility Agent, the Arrangers and the Banks or any of the Finance Parties them by the Finance Documents this Agreement or by law.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Royal Ahold)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 25.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 25.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 25.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 25.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Documents or under any such other security;
31.4.5 25.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 25.4.7 any other act, event or omission which, but for this Clause 31.425.4, might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Samples: Credit Agreement (NTL Inc/De/)
Obligations not discharged. Neither the obligations of the each Guarantor herein contained nor the rights, powers and remedies conferred in respect of the each Guarantor upon any Finance Party by the Finance Documents or by law shall be discharged, impaired or otherwise affected by:
31.4.1 24.4.1 the winding-up, dissolution, administration or re-organisation of the Borrower any Obligor or any other person or any change in its status, function, control or ownership;
31.4.2 24.4.2 any of the obligations of the Borrower any Obligor or any other person under the Finance Documents or under any other security taken in respect of any of its obligations under the Finance Documents being or becoming illegal, invalid, unenforceable or ineffective in any respect;
31.4.3 time, waiver, consent 24.4.3 time or other indulgence being granted or agreed to be granted to the Borrower any Obligor or any other person in respect of its obligations under the Finance Documents or under any such other security;
31.4.4 24.4.4 any amendment to, or any variation, waiver or release of, any obligation of the Borrower any Obligor or any other person under the Finance Documents or under any such other security;
31.4.5 24.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.6 24.4.6 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 the Borrower’s any Obligor's obligations under the Finance Documents;
31.4.7 the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
31.4.8 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; or
31.4.9 24.4.7 any other act, event or omission which, but for this Clause 31.424.4, might operate to discharge, impair or otherwise affect any of the obligations of the each Guarantor herein contained or any of the rights, powers or remedies conferred upon any of the Finance Parties by the Finance Documents or by law.
Appears in 1 contract
Samples: Credit Agreement (NTL Inc/De/)