STIPULATIO XXXXXX. No part of this Agreement shall constitute a stipulatio xxxxxx in favour of any person who is not a Party to the Agreement unless the provision in question expressly provides that it does constitute a stipulatio xxxxxx.
STIPULATIO XXXXXX. No part of this Tender Document shall constitute a contract in favour of any person who is not a party to the Tender Document (stipulatio xxxxxx) unless the provision in question expressly provides that it does constitute a stipulatio xxxxxx.
STIPULATIO XXXXXX. 13.1 For the avoidance of all doubt, to the extent that Xxxx X-Co in its sole discretion deems it necessary for inter alia Canadian regulatory, funding, taxation or other reasons, it shall nominate one or more Xxxx X-Co Nominee to exercise the lending rights of Xxxx X-Xx, in respect of any Loan Portion.
13.2 To the extent that any provision of this Agreement constitutes a stipulation for the benefit of any Xxxx X-Co Nominee that is not party hereto, such stipulation shall be deemed to have been accepted by each such Xxxx X- Co Nominee upon such Xxxx X-Co Nominee giving notice of such acceptance to the Parties, at which time the Xxxx X-Co Nominee will become party to this Agreement in respect of the relevant Loan Portion.
STIPULATIO XXXXXX. In addition to any clause in this Agreement which is expressly identified as a stipulatio xxxxxx, the provisions in this Agreement which are expressed in favour of the Senior Finance Parties and/or the Secured Parties shall constitute stipulatio xxxxxx in favour of each Senior Finance Party and/or Secured Party (as the case may be) which is not a Party, capable of acceptance at any time without notice to any Party.
STIPULATIO XXXXXX. No part of this Agreement shall constitute a stipulatio xxxxxx (contract for the benefit of a third party) in favour of any person who is not a Party unless the provision in question expressly provides that it is for their benefit or that it does constitute a stipulatio xxxxxx.
STIPULATIO XXXXXX. No part of this Lease Agreement shall constitute a stipulatio xxxxxx in favour of any person who is not a Party to this Lease Agreement.
STIPULATIO XXXXXX. 25.1 It is recorded that D2E Properties Proprietary Limited, Registration Number 2019/406767/07 (“D2E Properties”) and Attacq The Mix concluded or will conclude an agreement entitled 'Sale Agreement', as may be amended and/or restated from time to time ("Main Sale Agreement") in terms of which, inter alia, the parties thereto have agreed that Attacq The Mix will cede and assign an undivided share of its rights and delegate an undivided share of its obligations in terms of this Agreement to D2E Properties.
25.2 Attacq The Mix and the Purchaser hereby agree in favour of D2E Properties that with effect from the 'Effective Date', as defined in the Main Sale Agreement, D2E Properties and Attacq The Mix shall jointly be substituted as the Seller in terms of this Agreement, and with effect from which date Attacq The Mix and D2E Properties shall jointly comply with all the obligations imposed upon the Seller in terms of this Agreement and shall jointly be entitled to exercise all the rights of the Seller contained herein. D2E Properties by way of signature hereof accepts its benefits and obligations in terms of this Agreement.
25.3 For the purposes of item 1 of the Summary Schedule, the particulars of D2E Properties are recorded as follows – Name: D2E Properties Proprietary Limited, Registration Number 2019/406767/07 Business address: 00 Xxxxxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxxxxx, 0000, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxx Postal address: As above Telephone number: 000 000 0000 Email address: xxxxx@x0xxxxxxxxxxx.xx.xx 26 JOINT AND SEVERAL LIABILITY Should this Agreement be signed by more than one person as Purchaser, the obligation of all such signatories shall be joint and several.
STIPULATIO XXXXXX. 3.1 This Security SPV Guarantee, on acceptance by the first Secured Creditor in terms of 3.1.1, constitutes a stipulation in favour of each of the Secured Creditors and shall be deemed to have been accepted by each of them and to constitute a binding agreement with each of them (notwithstanding that the Secured Creditors shall not have executed this document) as follows –
3.1.1 by each of the Secured Creditors other than Noteholders, upon the execution of the Transaction Documents to which such Secured Creditor is a party; and
3.1.2 by the Noteholders upon the issue or transfer of the Notes to such Noteholders, as the case may be.
3.2 On the Date of Signature of this Security SPV Guarantee, the Security SPV shall retain and hold the original Security SPV Guarantee on behalf of the Secured Creditors and shall make certified copies of this Security SPV Guarantee available to the Secured Creditors upon written request.
3.3 By signing this Security SPV Guarantee the Security SPV accepts the benefit of the stipulations in its favour in the Conditions and binds itself to the terms of the Conditions, insofar as the Conditions refer to the Security SPV.
STIPULATIO XXXXXX. If any provision of this agreement is in favour of a third party, the provisions thereof shall constitute a stipulatio xxxxxx in favour of such third party and may be accepted by the third party at any time during the currency of the agreement.
STIPULATIO XXXXXX. Other than those provisions relating to Novatel Bidco, no provision of this Agreement EXECUTION VERSION TRANSACTION IMPLEMENTATION AGREEMENT40 constitutes a stipulation for the benefit of any person who is not a party to this Agreement unless the provision in question expressly provides otherwise.
