Common use of Unconditional nature of obligation Clause in Contracts

Unconditional nature of obligation. Neither this Agreement nor the obligations of the Depositor under it will be affected by anything which but for this provision might operate to release, prejudicially affect or discharge them or in any way relieve the Depositor from any obligation. This includes: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement between the Lender and any person; (c) the Lender becoming party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (d) the Lender exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any document or agreement; (e) all or any part of any document or agreement held by the Lender at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment or assignment); (f) the taking or perfection of any document or agreement or failure to take or perfect any document or agreement; (g) the failure by any person or the Lender to notify the Depositor of any default by any person under any document or agreement or other circumstance; (h) the Lender obtaining a judgment against any person for the payment of any Secured Money; (i) any change in any circumstance (including in the members or constitution of any person); (j) any increase in the Secured Money for any reason (including as a result of anything referred to above; (k) any reason, whether with or without the consent or knowledge of the Depositor. None of the paragraphs above limits the generality of any other.

Appears in 1 contract

Samples: Parent Deposit Agreement (Lihir Gold LTD)

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Unconditional nature of obligation. Neither this Agreement deed nor the obligations of the Depositor Guarantor under it will be affected by anything which but for this provision might operate to release, prejudicially affect or discharge them or in any way relieve the Depositor Guarantor from any obligation. This includes: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement that may take place between the Lender TfNSW and or any person; (c) the Lender Liquidation of any person; (x) XxXXX becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (de) the Lender TfNSW exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any document Transaction Document or agreement; (e) all or any part of by any document or agreement held by with any person; (f) the Lender at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescissionrecission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment abandonment, assignment or assignment)transfer, in whole or in part and with or without consideration, of any Transaction Document, or of any other document or agreement held by TfNSW at any time or of any right, obligation, Power or remedy; (fg) the taking or perfection of any document or agreement or failure to take or perfect any document or agreement; (gh) the failure by any person or the Lender TfNSW to notify the Depositor Guarantor of any default by any person under any Transaction Document or any other document or agreement or other circumstance; (hi) the Lender TfNSW obtaining a judgment against any person for the payment or performance of any Secured MoneyObligation; (ij) any legal limitation, disability, incapacity or other circumstance relating to any person; (k) any change in any circumstance (including in the members or constitution of any person); (jl) this deed, any Transaction Document or any other document or agreement not being valid or executed by, or binding on, any person; or (m) any increase in the Secured Money Obligations for any reason (including as a result of anything referred to above; (k) any reason), whether with or without the consent or knowledge of the DepositorGuarantor. None of the paragraphs above limits the generality of any other.

Appears in 1 contract

Samples: Deed of Guarantee and Indemnity

Unconditional nature of obligation. Neither this Agreement nor the obligations of the Depositor Guarantor under it will be affected by anything which but for this provision might operate to release, prejudicially affect or discharge them or in any way relieve the Depositor Guarantor from any obligation. This includes: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement between the Lender and any person; (c) the Lender becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (d) the Lender exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any document or agreement; (e) all or any part of any document or agreement held by the Lender at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment or assignment); (f) the taking or perfection of any document or agreement or failure to take or perfect any document or agreement; (g) the failure by any person or the Lender to notify the Depositor Guarantor of any default by any person under any document or agreement or other circumstance; (h) the Lender obtaining a judgment against any person for the payment of any Secured Money; (i) any change in any circumstance (including in the members or constitution of any person); (j) any increase in the Secured Money for any reason (including as a result of anything referred to above;); or (k) any reason, whether with or without the consent or knowledge of the DepositorGuarantor. None of the paragraphs above limits or in clause 12.1(c) limit the generality of any other.

Appears in 1 contract

Samples: Loan Agreement (Tritium DCFC LTD)

Unconditional nature of obligation. Neither this Agreement nor the obligations of the Depositor under it will be affected by anything which but for this provision might operate to release, prejudicially prejudicial!y affect or discharge them or in any way relieve the Depositor any Guarantor from any obligationobligation including. This includeswithout limitation: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement that may take place between the Lender any Indemnified Party and any person; (c) the Lender Liquidation of any person; (d) any Indemnified Party becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (de) the Lender any Indemnified Party exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any Transaction Document or by any other document or agreementagreement with any person; (ef) all or any part of any document or agreement held by the Lender at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment abandonment, assignment or assignment)transfer, in whole or in part and with or without consideration, of any Transaction Document or of any other document or agreement held by any Indemnified Party at any time or of any right, obligation, power or remedy; (fg) the taking or perfection of any document or agreement or failure to take or perfect any a document or agreement; (gh) the failure by any person or the Lender any Indemnified Party to notify the Depositor any Guarantor of any default by any person under any Transaction Document or any other document or agreement or other circumstanceagreement; (hi) the Lender any Indemnified Party obtaining a judgment against any person for the payment of any Secured MoneyMoneys; (ij) any legal limitation, disability, incapacity or other circumstance relating to any person; (k) any change in any circumstance (including including, without limitation, in the members or constitution of any a person); (jl) this Agreement or any other document or agreement not being valid or executed by, or binding on, any person; or (m) any increase in the Secured Money Moneys for any reason (including including, without limitation, as a result of anything referred to above; (k) any reason), whether with or without the consent or knowledge of the DepositorGuarantors. Without limitation, this Agreement binds a Guarantor even if it is, or has become, the only Guarantor bound. None of the above paragraphs above limits the generality of any other. A reference to ANY PERSON includes, without limitation, any other Guarantor and the Borrower.

Appears in 1 contract

Samples: Syndicated Credit Agreement (Thermadyne Holdings Corp /De)

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Unconditional nature of obligation. Neither this Agreement Deed nor the obligations of the Depositor any Guarantor under it will be affected by anything which but for this provision might operate to release, prejudicially affect or discharge them or in any way relieve the Depositor any Guarantor from any obligation. This includes: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement between the Lender Purchaser and any person; (c) the Lender Purchaser becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (d) the Lender Purchaser exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any document or agreement; (e) all or any part of any document or agreement held by the Lender Purchaser at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment or assignment); (f) the taking or perfection of any document or agreement or failure to take or perfect any document or agreement; (g) the failure by any person or the Lender Purchaser to notify the Depositor any Guarantor of any default by any person under any document or agreement or other circumstance; (h) the Lender Purchaser obtaining a judgment against any person for the payment of any Secured Money; (i) any change in any circumstance (including in the members or constitution of any person); (j) any increase in the Secured Money for any reason (including as a result of anything referred to above;); or (k) any reason, whether with or without the consent or knowledge of the DepositorGuarantors. None of the paragraphs above or in clause 2.1(c) limits the generality of any other. Without limitation, this Deed binds a Guarantor even if it is, or has become, the only Guarantor bound.

Appears in 1 contract

Samples: Deed of Guarantee and Indemnity (Australian Oilseeds Holdings LTD)

Unconditional nature of obligation. Neither this Agreement agreement nor the obligations of any Guarantor under the Depositor under it Finance Documents will be affected by anything which but for this provision might operate to release, prejudicially affect or discharge them or in any way relieve the Depositor a Guarantor from any obligation. This includesincludes the following: (a) the grant to any person of any time, waiver or other indulgence, or the discharge or release of any person; (b) any transaction or arrangement that may take place between the Lender any Finance Party and any person; (c) the Lender Liquidation of any person; (d) any Finance Party becoming a party to or bound by any compromise, moratorium, assignment of property, scheme of arrangement, deed of company arrangement, composition of debts or scheme of reconstruction by or relating to any person; (de) the Lender any Finance Party exercising or delaying or refraining from exercising or enforcing any document or agreement or any right, power or remedy conferred on it by law or by any document or agreement; (ef) all or any part of any document or agreement held by the Lender any Finance Party at any time or of any right, obligation, power or remedy changing, ceasing or being transferred (this includes amendment, variation, novation, replacement, rescission, invalidity, extinguishment, repudiation, avoidance, unenforceability, frustration, failure, expiry, termination, loss, release, discharge, abandonment or assignment); (fg) the taking or perfection of any document or agreement or failure to take or perfect any document or agreement; (gh) the failure by any person or the Lender any Finance Party to notify the Depositor any Guarantor of any default by any person under any document or agreement or other circumstance; (hi) the Lender any Finance Party obtaining a judgment against any person for the payment of any Secured Money; (ij) any legal limitation, disability, incapacity or other circumstance relating to any person; (k) any change in any circumstance (including in the members or constitution of any person); (jI) any increase in the Secured Money for document or agreement is not executed by any reason (including as a result of anything referred to above; (k) person, or is not valid or binding on any reason, whether with or without the consent or knowledge of the Depositor. None of the paragraphs above limits the generality of any other.person; or

Appears in 1 contract

Samples: Facilities Agreement (Alignvest Acquisition Corp)

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