Obligations not discharged. Neither the obligations of each Term Facility B Lender and/or Subfacility Bank in this Clause 28 nor the rights, powers and remedies conferred upon any Fronting Bank, Issuing Bank and/or Subfacility Bank by this Agreement or by law shall be discharged, impaired or otherwise affected by: (a) the winding-up, dissolution, administration or re-organisation of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any Borrower or any other person or any change in the status, function, control or ownership of any of them; (b) any of the obligations of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any Borrower or any other person under this Agreement, under the Letter of Credit, any Subfacility or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectively, being or becoming illegal, invalid, unenforceable or ineffective in any respect; (c) time or other indulgence being granted or agreed to be granted to the relevant Fronting Bank, Subfacility Bank, any Borrower or any other person in respect of the obligations of any of them under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectively; (d) any amendment to, or any variation, waiver or release of, any obligation of the relevant Fronting Bank, Subfacility Bank, any Borrower or any other person under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or Subfacility, resepctively; and (e) any other act, event or omission which, but for this Clause 28, might operate to discharge, impair or otherwise affect any of the obligations of 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 Fronting Bank and/or Subfacility Bank by 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 Fronting 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 each Term Facility B Lender and/or Subfacility Bank in this Clause 28 29 nor the rights, powers and remedies conferred upon any a Fronting Bank, Issuing Bank and/or Subfacility Bank by this Agreement or by law shall be discharged, impaired or otherwise affected by:
(a) the winding-up, dissolution, administration or re-organisation of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Borrower or any other person or any change in the its status, function, control or ownership of any of themownership;
(b) any of the obligations of the relevant a Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Borrower or any other person under this Agreement, under the Letter of Credit, any Subfacility a Bank Guarantee or under any other security taken in respect of any Borrower's its obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectively, under a Bank Guarantee being or becoming illegal, invalid, unenforceable or ineffective in any respect;
(c) time or other indulgence being granted or agreed to be granted to the relevant a Fronting Bank, Subfacility Bank, any the Borrower or any other person in respect of the its obligations of any of them under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectivelysecurity;
(d) any amendment to, or any variation, waiver or release of, any obligation of the relevant a Fronting Bank, Subfacility Bank, any the Borrower or any other person under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or Subfacility, resepctivelysecurity; and
(e) any other act, event or omission which, but for this Clause 2829.2, might operate to discharge, impair or otherwise affect any of the obligations of each Term Facility B Lender and/or Revolving Credit Facility Lender, respectively,contained in this Agreement contained or any of the rights, powers or remedies conferred upon any Fronting Bank and/or Subfacility Bank by this Agreement or by law. The obligations of each Lender contained in this Agreement contained shall be in addition to and independent of every other security which any a Fronting 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, respectivelyBank Guarantee.
Appears in 1 contract
Obligations not discharged. Neither the obligations of each Term Facility B Lender and/or Subfacility Bank in this Clause 28 nor the rights, powers and remedies conferred upon any Fronting Bank, Issuing Bank and/or Subfacility Bank by this Agreement or by law shall be discharged, impaired or otherwise affected by:
(a) the winding-up, dissolution, administration or re-organisation of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any Borrower or any other person or any change in the its status, function, control or ownership of any of themownership;
(b) any of the obligations of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any Borrower or any other person under this Agreement, under the a Letter of Credit, any Subfacility under a Bank Guarantee or under any other security taken in respect of any Borrower's its obligations under this Agreement or otherwise in connection with the under a Letter of Credit and/or any Subfacility, respectively, or Bank Guarantee being or becoming illegal, invalid, unenforceable or ineffective in any respect;
(c) time or other indulgence being granted or agreed to be granted to the relevant Fronting Bank, Subfacility Bank, any the relevant Borrower or any other person in respect of the its obligations of any of them under this Agreement, under the a Letter of Credit and/or any SubfacilityCredit, respectively, under a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectivelysecurity;
(d) any amendment to, or any variation, waiver or release of, any obligation of the relevant Fronting Bank, Subfacility Bank, any the relevant Borrower or any other person under this Agreement, under the a Letter of Credit and/or any SubfacilityCredit, respectively, under a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or Subfacility, resepctivelysecurity; and
(e) any other act, event or omission which, but for this Clause 28, 28 might operate to discharge, impair or otherwise affect any of the obligations of each Term Facility B Lender and/or Revolving Credit Facility Lender, respectively,contained in this Agreement contained or any of the rights, powers or remedies conferred upon any Fronting Bank and/or Subfacility Bank by this Agreement or by law. The obligations of each Lender contained in this Agreement contained shall be in addition to and independent of every other security which any Fronting 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, respectivelyor Bank Guarantee.
Appears in 1 contract
Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Obligations not discharged. Neither the obligations of each Term Facility B Lender and/or Subfacility Bank in this Clause 28 30 nor the rights, powers and remedies conferred upon any the Fronting Bank, Issuing Bank and/or Subfacility Bank by this Agreement or by law shall be discharged, impaired or otherwise affected by:
(a) the winding-up, dissolution, administration or re-organisation of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Original Borrower or any other person or any change in the its status, function, control or ownership of any of themownership;
(b) any of the obligations of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Original Borrower or any other person under this Agreement, under the Letter of Credit, any Subfacility a Bank Guarantee or under any other security taken in respect of any Borrower's its obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectively, under a Bank Guarantee being or becoming illegal, invalid, unenforceable or ineffective in any respect;
(c) time or other indulgence being granted or agreed to be granted to the relevant Fronting Bank, Subfacility Bank, any the Original Borrower or any other person in respect of the its obligations of any of them under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectivelysecurity;
(d) any amendment to, or any variation, waiver or release of, any obligation of the relevant Fronting Bank, Subfacility Bank, any the Original Borrower or any other person under this Agreement, under the Letter of Credit and/or any Subfacility, respectively, a Bank Guarantee or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or Subfacility, resepctivelysecurity; and
(e) any other act, event or omission which, but for this Clause 2830.2, might operate to discharge, impair or otherwise affect any of the obligations of each Term Facility B Lender and/or Revolving Credit Facility Lender, respectively,contained in this Agreement contained or any of the rights, powers or remedies conferred upon any the Fronting Bank and/or Subfacility Bank by this Agreement or by law. The obligations of each Lender contained in this Agreement contained shall be in addition to and independent of every other security which any the Fronting 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, respectivelyBank Guarantee.
Appears in 1 contract
Obligations not discharged. Neither the obligations of each Term Facility B Lender and/or Subfacility Bank in this Clause 28 40 nor the rights, powers and remedies conferred upon any the Fronting Bank, Issuing Bank and/or Subfacility Bank by this Agreement or by law shall be discharged, impaired or otherwise affected by:
(ai) the winding-up, dissolution, administration or re-organisation of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Borrower or any other person or any change in the its status, function, control or ownership of any of themownership;
(bii) any of the obligations of the relevant Fronting Bank, Issuing Bank and/or Subfacility Bank, any the Borrower or any other person under this Agreement, under the a Letter of Credit, any Subfacility Credit or under any other security taken in respect of any Borrower's its obligations under this Agreement or otherwise in connection with the under a Letter of Credit and/or any Subfacility, respectively, being or becoming illegal, invalid, unenforceable or ineffective in any respect;
(ciii) time or other indulgence being granted or agreed to be granted to the relevant Fronting Bank, Subfacility Bank, any the Borrower or any other person in respect of the its obligations of any of them under this Agreement, under the a Letter of Credit and/or any Subfacility, respectively, or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or any Subfacility, respectivelysecurity;
(div) any amendment to, or any variation, waiver or release of, any obligation of the relevant Fronting Bank, Subfacility Bank, any the Borrower or any other person under this Agreement, under the a Letter of Credit and/or any Subfacility, respectively, or under any other security taken in respect of any Borrower's obligations under this Agreement or otherwise in connection with the Letter of Credit and/or Subfacility, resepctivelysecurity; and
(ev) any other act, event or omission which, but for this Clause 2840.3, might operate to discharge, impair or otherwise affect any of the obligations of each Term Facility B Lender and/or Revolving Credit Facility Lender, respectively,contained in this Agreement contained or any of the rights, powers or remedies conferred upon any Fronting Bank and/or Subfacility Bank by this Agreement or by law. The obligations of each Lender contained in this Agreement contained shall be in addition to and independent of every other security which any the Fronting 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, respectivelyCredit.
Appears in 1 contract
Samples: Third Amendment Agreement (Kronos International Inc)