SURVIVAL OF CLAUSES. (a) Subject to any orders of the Court, the termination or avoidance (in whole or in part) of this Deed does not affect its previous operation, or the accrued rights, duties and obligations of the Deed Company or the Deed Administrators. (b) Despite any other provision of this Deed: (i) Clauses 5.2 (Interaction with Administration), 5.5 (No Personal Liability), 5.6 (Remuneration and costs), 6.2 (Bar Date), and 17.8 (Governing Law and jurisdiction) of this Deed; and (ii) clauses 6.7 (Adjudication), 6.8 (Adjudication Claims that may be determined by the Court), 6.9 (Arbitration Claims), 6.10 (Security Interests),6.13 (Abandoned Claims), 11 (Litigation Undertaking), and 12 (Post-Restructuring Litigation Recoveries) of the LTD DOCA, shall take effect on and from the Commencement Date and shall endure without limitation as to time notwithstanding: (i) the termination of this Deed for any reason whatsoever; (ii) the removal or replacement of the Deed Administrators; or (iii) the invalidity of or any defect whatsoever in the appointment of the Deed Administrators.
Appears in 17 contracts
Samples: Deed of Company Arrangement, Deed of Company Arrangement, Deed of Company Arrangement
SURVIVAL OF CLAUSES. (a) Subject to any orders of the Court, the termination or avoidance (in whole or in part) of this Deed does not affect its previous operation, or the accrued rights, duties and obligations of the Deed Company or the Deed Administrators.
(b) Despite any other provision of this Deed:
(i) Clauses 5.2 (Interaction with Administration), 5.5 (No Personal Liability), 5.6 (Remuneration and costs), 6.2 (Bar Date), and 17.8 (Governing Law and jurisdiction) of this Deed; and
(ii) clauses 6.7 (Adjudication), 6.8 (Adjudication Claims that may be determined by the Court), 6.9 (Arbitration Claims), 6.10 (Security Interests),6.13 (Abandoned Claims), 11 (Litigation Undertaking), and 12 (Post-Restructuring Litigation Recoveries) of the LTD DOCA, shall take effect on and from the Commencement Date and shall endure without limitation as to time notwithstanding:
(i) the termination of this Deed for any reason whatsoever;
(ii) the removal or replacement of the Deed Administrators; or
(iii) the invalidity of or any defect whatsoever in the appointment of the Deed Administrators.
Appears in 2 contracts
Samples: Deed of Company Arrangement, Deed of Company Arrangement
SURVIVAL OF CLAUSES. (a) Subject to any orders of the Court, the termination or avoidance (in whole or in part) of this Deed does not affect its previous operation, or the accrued rights, duties and obligations of a Group DOCA Company, the Deed Company Administrators or the Deed Administratorsdeed administrators under a Related DOCA.
(b) Despite any other provision of this Deed:
(i) , Clauses 5.2 (Interaction with Administration), 5.5 (No Personal Liabilitypersonal liability), 5.6 (Remuneration Calculation of remuneration and costs), 6.2 5.8 (Deed Administrators’ indemnity and lien), 5.10 (Nature of indemnity) 6.4 (Bar Date), and 17.8 (Governing Law and jurisdiction) of this Deed; and
(ii) clauses 6.7 (Adjudication), 6.8 (Adjudication Claims that may be determined by the Court), 6.9 6.10 (Arbitration ClaimsSecurity), 6.10 (Security Interests),6.13 6.13 (Abandoned Claimsclaims), 11 (Litigation Undertaking), and 12 (Post-Restructuring Litigation Recoveries) of the LTD DOCAand, 17.7 (Defence to claims), and 17.9 (Governing Law and Jurisdiction) shall take effect on and from the Commencement Date and shall endure without limitation as to time for the benefit of the Deed Administrators and the Administrators notwithstanding:
(i) the termination of this Deed for any reason whatsoever;
(ii) the removal or replacement of the Deed Administrators; or
(iii) the invalidity of or any defect whatsoever in the appointment of the Deed Administrators.
Appears in 1 contract
Samples: Deed of Company Arrangement
SURVIVAL OF CLAUSES. (a) Subject to any orders of the Court, the termination or avoidance (in whole or in part) of this Deed does not affect its previous operation, or the accrued rights, duties and obligations of a Group DOCA Company, the Deed Company Administrators or the Deed Administratorsdeed administrators under a Related DOCA.
(b) Despite any other provision of this Deed:
(i) , Clauses 5.2 (Interaction with Administration), 5.5 (No Personal Liabilitypersonal liability), 5.6 (Remuneration Calculation of remuneration and costs), 6.2 5.8 (Deed Administrators’ indemnity and lien), 5.10 (Nature of indemnity) 6.4 (Bar Date), and 17.8 (Governing Law and jurisdiction) of this Deed; and
(ii) clauses 6.7 (Adjudication), 6.8 (Adjudication Claims that may be determined by the Court), 6.9 6.10 (Arbitration ClaimsSecurity), 6.10 (Security Interests),6.13 6.13 (Abandoned Claimsclaims), 11 (Litigation Undertaking), and 12 (Post-Restructuring Litigation Recoveries), 17.8 (Defence to claims), and 17.9 (Governing Law and Jurisdiction) of the LTD DOCA, shall take effect on and from the Commencement Date and shall endure without limitation as to time for the benefit of the Deed Administrators and the Administrators notwithstanding:
(i) the termination of this Deed for any reason whatsoever;
(ii) the removal or replacement of the Deed Administrators; or
(iii) the invalidity of or any defect whatsoever in the appointment of the Deed Administrators.
Appears in 1 contract
Samples: Deed of Company Arrangement