Principal and independent obligation. (a) This clause 12 is: (1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and (2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party may hold in respect of the Secured Moneys or any obligations of any Transaction Party or any other Person. (b) This clause 12 is enforceable against a Guarantor: (1) without first having recourse to any Collateral Security; (2) whether or not any Finance Party has: (A) made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a Guarantor under clause 12.2 or any other provision of a Transaction Document); (B) given notice to any Transaction Party or any other Person in respect of any thing; or (C) taken any other steps against any Transaction Party or any other Person; (3) whether or not any Secured Moneys is then due and payable; and (4) despite the occurrence of any event described in clause 12.12.
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Samples: Syndicated Convertible Loan Facility Agreement (Samson Oil & Gas LTD)
Principal and independent obligation. (a) This clause 12 13 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party the Lender may hold in respect of the Secured Moneys or any obligations of any Transaction Party or any other Personperson.
(b) This clause 12 13 is enforceable against a Guarantor:
(1) without first having recourse to any Collateral Security;; Debt finance facility agreement
(2) whether or not any Finance Party the Lender has:
(A) made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a the Guarantor under clause 12.2 13.2 or any other provision of a Transaction Document);
(B) given notice to any Transaction Party or any other Person person in respect of any thing; or
(C) taken any other steps against any Transaction Party or any other Personperson;
(3) whether or not any Secured Moneys is then due and payable; and
(4) despite the occurrence of any event described in clause 12.1213.12.
Appears in 1 contract
Samples: Debt Finance Facility Agreement (Olympus Pacific Minerals Inc)
Principal and independent obligation. (a) This clause 12 16 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security Interest which any Finance Party may hold in respect of the Secured Moneys Money Owing or any obligations of any Transaction Party Obligor or any other Personperson.
(b) This clause 12 16 is enforceable against a Guarantoran Obligor:
(1) without first having recourse to any Collateral SecuritySecurity Interest;
(2) whether or not any Finance Party has:
(A) has made demand on any Transaction Party Obligor (other than any demand specifically required to be given, or notice required to be issued, to a Guarantor an Obligor under clause 12.2 16.2 or any other provision of a Transaction Finance Document);
(B3) whether or not any Finance Party has given notice to any Transaction Party Obligor or any other Person person in respect of any thing; or
(C4) whether or not any Finance Party has taken any other steps against any Transaction Party Obligor or any other Personperson;
(3c) whether or not any Secured Moneys Money Owing is then due and payable; and
(4d) despite the occurrence of any event described in clause 12.1216.12.
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Principal and independent obligation. (a) This clause 12 13 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party the Financier may hold in respect of the Secured Moneys or any obligations of any Transaction Party or any other Personperson.
(b) This clause 12 13 is enforceable against a Guarantor:
(1) without first having recourse to any Collateral Security;
(2) whether or not any Finance Party has:
(A) the Financier has made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a Guarantor under clause 12.2 13.2 or any other provision of a Transaction Document);
(B3) whether or not the Financier has given notice to any Transaction Party or any other Person person in respect of any thing; or;
(C4) whether or not the Financier has taken any other steps against any Transaction Party or any other Personperson;
(35) whether or not any Secured Moneys is then due and payable; and
(46) despite the occurrence of any event described in clause 12.1213.12.
Appears in 1 contract
Principal and independent obligation. (a) This clause 12 14 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party the Financier may hold in respect of the Secured Moneys or any obligations of any Transaction Party or any other Personperson.
(b) This clause 12 14 is enforceable against a the Guarantor:
(1) without first having recourse to any Collateral Security;
(2) whether or not any Finance Party has:
(A) the Financier has made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a the Guarantor under clause 12.2 14.2 or any other provision of a Transaction Document);
(B3) whether or not the Financier has given notice to any Transaction Party or any other Person person in respect of any thing; or;
(C4) whether or not the Financier has taken any other steps against any Transaction Party or any other Personperson;
(35) whether or not any Secured Moneys is then due and payable; and
(46) despite the occurrence of any event described in clause 12.1214.12.
Appears in 1 contract
Principal and independent obligation. (a) This clause 12 7 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party the Lender may hold in respect of the Secured Outstanding Moneys or any obligations of any Transaction Party or any other Personperson.
(b) This clause 12 7 is enforceable against a Guarantor:
(1) without first having recourse to any Collateral Security;
(2) whether or not any Finance Party has:
(A) the Lender has made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a Guarantor under clause 12.2 7.2 or any other provision of a Transaction Document);
(B3) whether or not the Lender has given notice to any Transaction Party or any other Person person in respect of any thing; or;
(C4) whether or not the Lender has taken any other steps against any Transaction Party or any other Personperson;
(35) whether or not any Secured Outstanding Moneys is then due and payable; and
(46) despite the occurrence of any event described in clause 12.127.12.
Appears in 1 contract
Principal and independent obligation. (a) This clause 12 21 is:
(1) a principal obligation and is not to be treated as ancillary or collateral to any other right or obligation; and
(2) independent of and not in substitution for or affected by any other Collateral Security which any Finance Party the Financier may hold in respect of the Secured Moneys or any obligations of any Transaction Party or any other Personperson.
(b) This clause 12 21 is enforceable against a the Guarantor:
(1) without first having recourse to any Collateral Security;
(2) whether or not any Finance Party has:
(A) the Financier has made demand on any Transaction Party (other than any demand specifically required to be given, or notice required to be issued, to a the Guarantor under clause 12.2 21.2 or any other provision of a Transaction Document);
(B3) whether or not the Financier has given notice to any Transaction Party or any other Person person in respect of any thing; or;
(C4) whether or not the Financier has taken any other steps against any Transaction Party or any other Personperson;
(35) whether or not any Secured Moneys is then due and payable; and
(46) despite the occurrence of any event described in clause 12.1221.12.
Appears in 1 contract
Samples: Neutron Energy Facility Extension (Neutron Energy, Inc.)