Common use of Waiver of defences Clause in Contracts

Waiver of defences. The provisions of the Finance Documents will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences), would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-observance of any formality or other requirement in respect of any instrument; 27.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 27.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.

Waiver of defences. The provisions of the Finance Documents will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences), would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-observance of any formality or other requirement in respect of any instrument; 27.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security;; Table of Contents 27.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.

Waiver of defences. The provisions of the Finance Documents will not be affected by an act, omission, matter or thing which, but for this clause 27.8 Clause 26.8 (Waiver of Defences), would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 26.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 26.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-observance of any formality or other requirement in respect of any instrument; 27.8.3 26.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 26.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 27.8.5 26.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 26.8.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.

Waiver of defences. The provisions of the Finance Documents will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences)27.8, would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-observance of any formality or other requirement in respect of any instrument; 27.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 27.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.

Waiver of defences. The provisions of the Finance Documents this Agreement will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences)46.7, would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 46.7.1. any time, waiver or consent granted to, or composition with any person; 27.8.2 46.7.2. the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor of the Company or any non-presentation or non-observance of any formality or other requirement in respect of any instrumentinstrument or any failure to realise the full value of any security; 27.8.3 46.7.3. any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 46.7.4. any amendment (however fundamental) or replacement of a Finance Document Financing Agreement or any other document or security; 27.8.5 46.7.5. any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Financing Agreements or any other document or security; or 27.8.6 46.7.6. any intermediate payment or discharge of any of the Secured Obligations liabilities in whole or in part.

Waiver of defences. The provisions of the Finance Documents this Agreement will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences)26.8, would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 26.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 26.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor of Mvela Gold or any non-presentation or non-observance of any formality or other requirement in respect of any instrumentinstrument or any failure to realise the full value of any security; 27.8.3 26.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 26.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 27.8.5 26.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 26.8.6 any intermediate payment or discharge of any of the Secured Obligations Liabilities in whole or in part.

Waiver of defences. The provisions of the Finance Documents this Deed will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences)Clause 19.3, would reduce, release or prejudice the subordination and priorities in this Agreement Deed including: 27.8.1 19.3.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 19.3.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-observance of any formality or other requirement in respect of any instrumentinstrument or any failure to realise the full value of any Collateral; 27.8.3 19.3.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 19.3.4 any amendment (however fundamental) or replacement of a Finance Transaction Document or any other document or security; 27.8.5 19.3.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Transaction Document or any other document or security; or 27.8.6 19.3.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.

Waiver of defences. The provisions of the Finance Documents will not be affected by an act, omission, matter or thing which, but for this clause 27.8 (Waiver of Defences), would reduce, release or prejudice the subordination and priorities in this Agreement including: 27.8.1 any time, waiver or consent granted to, or composition with any person; 27.8.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any non-presentation or non-non- observance of any formality or other requirement in respect of any instrument; 27.8.3 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; 27.8.4 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 27.8.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 27.8.6 any intermediate payment or discharge of any of the Secured Obligations in whole or in part.