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Save where. 12.22.1 a Consortium Member or its holding company is a public limited company and is prohibited by listing rules from doing so; or

Save where. 12.21.1 the Grant Recipient or its holding company is a public limited company and is prohibited by listing rules from doing so; or

Save where. Homes England agrees (in writing) to the contrary, Homes England hereby directs the Developer to pay the Uplift Amount to Homes England within ten (10) Business Days of the occurrence of a Relevant Event. 16 Change in Control‌

Save where. Homes England agrees (in writing) to the contrary, Homes England hereby directs the Grant Recipient to pay the Uplift Amount to Homes England within ten (10) Business Days of the occurrence of a Relevant Event.

Save where. 16.6.1 the Developer or its holding company is a public limited company and is prohibited by listing rules from doing so; or

Save where a contrary intention is shown, any reference to Homes England acting reasonably shall be interpreted as requiring Homes England to act in a commercially reasonable manner and any reference to the exercise of a discretion by Homes England shall be construed as permitting Homes England to exercise its discretion freely and without constraint of any kind.

Save where. 9.2.1 the Grant Recipient or any Delivery Partner or their holding company is a public limited company and is prohibited by listing rules from doing so; or

Save where provided in clause 6 to the contrary the provisions of clause 6 of this Agreement shall not apply to this clause 2. Without limiting the generality of the foregoing, the dollar limitations provided for in paragraphs 2.2 and 2.4 are independent of and shall in no way affect or be affected by the dollar limitations provided for in sub-paragraphs 6.6.3.1

Save where an obligation in this Agreement is expressed to be an obligation of the Consortium (in which case the Consortium Members shall be jointly liable for its discharge) liability for the discharge of such obligation will rest with each individual Consortium Member to whom the relevant obligation applies.

AND WHEREAS the Respondent entered into a settlement agreement with Staff of the MFDA, dated [date] (the “Settlement Agreement”), in which the Respondent agreed to a proposed settlement of matters for which the Respondent could be disciplined pursuant to ss. 20 and 24.1 of By-law No. 1;
Incorporation and Organization The Corporation has been incorporated or formed, as the case may be, is organized and is a valid and subsisting corporation or partnership, as the case may be, under the laws of its jurisdiction of existence and has all requisite corporate power and capacity to carry on its business as now conducted or proposed to be conducted and to own or lease and operate the property and assets thereof.