Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:- (a) any other security, guarantee or indemnity now or hereafter held by WLSL or its Associates or in respect of the Margin Facility Terms or any other liabilities; (b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document; (c) the enforcement or absence of enforcement or release by WLSL or its Associates of any security, guarantee or indemnity or other document (including the Charge); (d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL or its Associates; (e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL or any other person; (f) the insolvency, bankruptcy, winding up, death or insanity of the Client; (g) any amalgamation, merger or reconstruction that may be effected by WLSL with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL to any other person; (h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL or any other person; (i) any arrangement or compromise entered into by WLSL with the Client or any other person; (j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever; (k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms; (l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 7 contracts
Samples: Securities Account Agreement, Client Securities Account Agreement, Client Securities Account Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security, guarantee or indemnity now or hereafter held by WLSL CIF or its Associates under or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(c) the enforcement or absence of enforcement or release by WLSL CIF or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL CIF or its Associates;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL CIF or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL CIF with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL CIF to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL CIF or any other person;
(i) any arrangement or compromise entered into by WLSL CIF with the Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL CIF or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 5 contracts
Samples: Securities and Futures Client Agreement, Securities and Futures Client Agreement, Securities and Futures Client Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-by:
(a) any other security, guarantee or indemnity now or hereafter held by WLSL the Company or its Associates or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document;
(c) the enforcement or absence of enforcement or release by WLSL the Company or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL the Company or its Associates;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL the Company or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL the Company with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL the Company to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL the Company or any other personotherperson;
(i) any arrangement or compromise entered into by WLSL the Company with the Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL the Company or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms;; or
(l) any other thing done or omitted or neglected to be done by WLSL the Company or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security, guarantee or indemnity now or hereafter held by WLSL CMSHK or its Associates or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document;
(c) the enforcement or absence of enforcement or release by WLSL CMSHK or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client Customer or any other person whether by WLSL CMSHK or its Associates;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client Customer whether by WLSL CMSHK or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the ClientCustomer;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL CMSHK with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL CMSHK to any other person;
(h) the existence of any claim, set-off or other right which the Client Customer may have at any time against WLSL CMSHK or any other person;
(i) any arrangement or compromise entered into by WLSL CMSHK with the Client Customer or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client Customer on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL CMSHK or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the ClientCustomer's liabilities under the Margin Facility Terms;; or
(l) any other thing done or omitted or neglected to be done by WLSL CMSHK or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the ClientCustomer's liabilities under this Agreement.
Appears in 3 contracts
Samples: Securities Account Agreement, Securities Account Agreement, Securities Account Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security, security guarantee or indemnity now or hereafter held by WLSL USL or its Associates any other member of uSmart Group under or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(c) the enforcement or absence of enforcement or release by WLSL USL or its Associates any other member of the uSmart Group of any security, security ,guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL USL or its Associatesany other member of the uSmart Group;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL USL or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL USL with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL USL to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL USL or any other person;
(i) any arrangement or compromise entered into by WLSL USL with the Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Margin Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client USL on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL USL or any other person or any other dealing, dealing fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's ’s liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 2 contracts
Samples: Securities Margin Trading Agreement, Securities Margin Trading Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-by:
(ai) any other security, guarantee or indemnity now or hereafter held by WLSL the Company or its Associates under or in respect of the Margin Facility Terms or any other liabilities;
(bii) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(ciii) the enforcement or absence of enforcement or release by WLSL the Company or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(div) any time, indulgence, waiver or consent given to the Client Customer or any other person whether by WLSL the Company or its Associates;
(ev) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client Customer whether by WLSL the Company or any other person;
(fvi) the insolvency, bankruptcy, winding up, death or insanity of the ClientCustomer;
(gvii) any amalgamation, merger or reconstruction that may be effected by WLSL the Company with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL the Company to any other person;
(hviii) the existence of any claim, set-off or other right which the Client Customer may have at any time against WLSL the Company or any other person;
(iix) any arrangement or compromise entered into by WLSL the Company with the Client Customer or any other person;
(jx) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(kxi) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client Customer on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL the Company or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the ClientCustomer's liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Securities Client Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-by:
(ai) any other security, guarantee or indemnity now or hereafter held by WLSL the Company or its Associates under or in respect of the Margin Facility Terms or any other liabilities;
(bii) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(ciii) the enforcement or absence of enforcement or release by WLSL the Company or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(div) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL the Company or its Associates;
(ev) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL the Company or any other person;
(fvi) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(gvii) any amalgamation, merger or reconstruction that may be effected by WLSL the Company with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL the Company to any other person;
(hviii) the existence of any claim, set-off or other right which the Client may have at any time against WLSL the Company or any other person;
(iix) any arrangement or compromise entered into by WLSL the Company with the Client or any other person;
(jx) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxxvires, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(kxi) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL the Company or any other person or any other dealing, fact, dealing matter or thing which, but for this provision, might operate to prejudice or affect the Client's Custom liabilities under the Margin Facility Terms;
(l) any other thing done . 16 Risk Disclosure The Company refers the Client to the Risk Disclosure Statements contained in Schedule 5. The prices of securities fluctuate, sometimes dramatically. The price of a security may move up or omitted or neglected to down, and may become valueless. It is as likely that losses will be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreementincurred rather than profit made as a result of buying and selling securities.
Appears in 1 contract
Samples: Client Agreement
Security Unaffected. 8.1 Without prejudice Prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any Any other security, security guarantee or indemnity now or hereafter held by WLSL NECHK or its Associates other member of NE Group under or in respect of the Margin Facility Terms or any other liabilities;
(b) any Any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(c) the The enforcement or absence of enforcement or release by WLSL NECHK or its Associates other member of NE Group of any security, security guarantee or indemnity or other document (including the Charge);
(d) any Any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL NECHK or its Associatesother member of NE Group;
(e) the The making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL NECHK or any other person;
(f) the The insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any Any amalgamation, merger or reconstruction that may be effected by WLSL NECHK with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL NECHK to any other person;
(h) the The existence of any claim, set-off or other right which the Client may have at any time against WLSL NECHK or any other person;
(i) any Any arrangement or compromise entered into by WLSL NECHK with the Client or any other person;
(j) the The illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Margin Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(k) any Any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL NECHK or any other person or any other dealing, dealing fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's ’s liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security, guarantee or indemnity now or hereafter held by WLSL WLIS or its Associates or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other document;
(c) the enforcement or absence of enforcement or release by WLSL WLIS or its Associates of any security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL WLIS or its Associates;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL WLIS or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL WLIS with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL WLIS to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL WLIS or any other person;
(i) any arrangement or compromise entered into by WLSL WLIS with the Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL WLIS or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL WLIS or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Securities Account Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-
(a) any other security, security guarantee or indemnity now or hereafter held by WLSL USPL or its Associates any other member of uSmart Group under or in respect of the Margin Facility Terms or any other liabilities;
(b) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(c) the enforcement or absence of enforcement or release by WLSL USPL or its Associates any other member of the uSmart Group of any security, guarantee or indemnity or other document (including the Charge);
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL USPL or its Associatesany other member of the uSmart Group;
(e) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL USPL or any other person;
(f) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL USPL with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL USPL to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL USPL or any other person;
(i) any arrangement or compromise entered into by WLSL USPL with the Client or any other person;
(j) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Margin Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client USPL on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL USPL or any other person or any other dealing, dealing fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's ’s liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Client Agreement
Security Unaffected. 8.1 Without prejudice prejudices to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-by:
(ai) any other security, guarantee or indemnity now or hereafter held by WLSL TCSCL or its Associates Affiliates under or in respect of the Margin Facility Terms or any other liabilities;
(bii) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver of release, the Charge);
(ciii) the enforcement or absence of enforcement or release by WLSL TCSCL or its Associates Affiliates of any security, guarantee or indemnity or other document (including the Charge);
(div) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL TCSCL or its AssociatesAffiliates;
(ev) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client whether by WLSL TCSCL or any other person;
(fvi) the insolvency, bankruptcy, winding up, death or insanity of the Client;
(gvii) any amalgamation, merger or reconstruction that may be effected by WLSL TCSCL with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL TCSCL to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL or any other person;
(iviii) any arrangement or compromise entered into by WLSL TCSCL with the Client or any other person;
(jix) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxxvires, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(kx) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL TCSCL or any other person or any other dealing, fact, matter or of thing which, but for this provision, might operate to prejudice or affect the Client's ’s liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Client Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoing, neither the Charge nor the amounts thereby secured will be affected in any way by:-by:
(ai) any other security, guarantee or indemnity now or hereafter held by WLSL us or its Associates our Affiliates under or in respect of the Margin Facility Terms or any other liabilities;
(bii) any other variation or amendment to or waiver or release of any security, guarantee or indemnity or other documentdocument (including, except to the extent of the relevant variation, amendment, waiver or release, the Charge);
(ciii) the enforcement or absence of enforcement or release by WLSL us or its Associates our Affiliates of any security, guarantee or indemnity or other document (including the Charge);
(div) any time, indulgence, waiver or consent given to the Client you or any other person whether by WLSL us or its Associatesour Affiliates;
(ev) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made on the Client you whether by WLSL us or any other person;
(fvi) the insolvency, bankruptcy, winding up, death or insanity of the Clientyou;
(gvii) any amalgamation, merger or reconstruction that may be effected by WLSL us with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL us to any other person;
(hviii) the existence of any claim, set-off or other right which the Client you may have at any time against WLSL us or any other person;
(iix) any arrangement or compromise entered into by WLSL us with the Client you or any other person;
(jx) the illegality, invalidity or unenforceability of, or any defect in, any provision of any document relating to the Facility or any security, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge), whether on the ground of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorisedauthorized, executed or delivered by any person or for any other reason whatsoever;
(kxi) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-winding- up or any release, settlement or discharge given or made by the Client you on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL us or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's your liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Client Agreement
Security Unaffected. 8.1 Without prejudice to the generality of the foregoingClause 14(A), neither the Charge Charges nor the amounts thereby secured will Liabilities shall be affected in any way by:-by:
(a1) any other securitySecurity, guarantee or indemnity now or hereafter held by WLSL or its Associates or in respect of the Margin Facility Terms Agent, any Bank, the Issuing Bank or any other liabilities;Person,
(b2) any other variation or amendment (except to or waiver or the extent of the relevant release) the release of any securitySecurity, guarantee or indemnity or other document;(including this Debenture),
(c3) (except to the extent of the relevant amendment or change) any amendment to or change in any Security, guarantee or indemnity (including this Debenture), the terms of any Liability or liability the discharge of which is, directly or indirectly, guaranteed or otherwise secured by the Company or any agreement or document relating to any of the foregoing,
(4) the enforcement or absence of enforcement or release by WLSL or its Associates of any securitySecurity, guarantee or indemnity or other document (including the Chargethis Debenture);,
(d5) any time, indulgence, concession, waiver or consent given to the Client Company 167 or any other person Person, whether by WLSL the Agent, any Bank, the Issuing Bank or its Associates;any other Person,
(e6) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms made Liabilities on the Client whether by WLSL Company or any other person;
(f) Person, whether by the insolvencyAgent, bankruptcyany Bank, winding up, death or insanity of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL with any other person or any sale or transfer of the whole or any part of the undertaking, property or assets of WLSL to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL Issuing Bank or any other person;Person,
(i7) any arrangement the receivership or compromise entered into by WLSL with Winding-up of the Client Company or any other person;Person, or any step being taken for any such receivership or Winding-up, or
(j) 8) the illegality, invalidity invalidity, or unenforceability of, or any defect in, any provision of any agreement or document relating to the Facility Liabilities or any securitySecurity, guarantee or indemnity (including the Chargethis Debenture) or any of the rights Rights or obligations of any of the parties under or in connection with any such document or any securitySecurity, guarantee or indemnity (including the Chargethis Debenture), whether on the ground grounds of ultra xxxxxvirex, not xxt being in the interests of the relevant person Company or any other Person, not having been duly authorisedauthorized, executed or delivered by the Company or any person other Person or for any other reason whatsoever;
(k) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Veritas DGC Inc)
Security Unaffected. 8.1 Without prejudice to Neither the generality of the foregoing, neither the Charge Shared Collateral nor the amounts Secured Indebtedness thereby secured will shall be affected in any way by:-by:
(a) any other securityencumbrance, guarantee or indemnity now or hereafter held by WLSL the Collateral Agent or its Associates or any other person in respect of the Margin Facility Terms or any other liabilitiesSecured Indebtedness;
(b) any other variation release of, amendment to, or amendment to or waiver or release of any security, guarantee or indemnity or other document;
(c) the enforcement or absence of enforcement or release by WLSL or its Associates of any securityencumbrance, guarantee or indemnity or other document (indemnity, including the Charge)Shared Collateral;
(d) any time, indulgence, waiver or consent given to the Client or any other person whether by WLSL or its Associates;
(ec) the making or absence of any demand for payment of any sum payable under the Margin Facility Terms liabilities made on the Client Company or any other person whether by WLSL the Collateral Agent, any other Secured Creditor or any other person;
(fd) the insolvency, bankruptcy, winding up, death or insanity commencement of the Client;
(g) any amalgamation, merger or reconstruction that may be effected by WLSL with any other person or any sale or transfer winding-up of the whole or any part of the undertaking, property or assets of WLSL to any other person;
(h) the existence of any claim, set-off or other right which the Client may have at any time against WLSL Company or any other person;
(i) any arrangement or compromise entered into by WLSL with the Client or any other person;
(je) the illegality, invalidity or unenforceability of, of or any defect in, in any provision of any document relating related to the Facility or any securitySecured Indebtedness, guarantee or indemnity (including the Charge) or any of the rights or obligations of any of the parties under or in connection with any such document or any security, guarantee or indemnity (including the Charge)obligations, whether on the ground grounds of ultra xxxxx, not being in the interests of the relevant person or not having been duly authorised, executed or delivered by any person Company or for any other reason whatsoever;; or
(kf) any agreement, security, guarantee, indemnity, payment or other transaction which is capable of being avoided under or affected by any law relating to bankruptcy, insolvency or winding-up or any release, settlement or discharge given or made by the Client Collateral Agent on the faith of any such agreement, security, guarantee, indemnity, payment or other transaction, and any such release, settlement or discharge shall be deemed to be limited accordingly; or any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under the Margin Facility Terms;
(l) any other thing done or omitted or neglected to be done by WLSL or any other person or any other dealing, fact, matter or thing which, but for this provision, might operate to prejudice or affect the Client's liabilities under this Agreement.
Appears in 1 contract