Existing Transaction definition
Examples of Existing Transaction in a sentence
Except as expressly provided herein, the execution, delivery and effectiveness of this Release shall not operate as a waiver of any right, power or remedy of the Collateral Agent or the Creditor under the Notes or any other Existing Transaction Document, nor constitute a waiver of any provision of the Notes or any other Transaction Document as against D▇▇▇▇▇, Parent or the Non-LNG Subsidiaries.
Except as expressly set forth in this Release, Consent and Waiver, the Collateral Agents and the Creditor expressly reserve the right to exercise any and all of their rights and remedies under the Notes, any other Existing Transaction Document and applicable law in respect of any Default or Event of Default as against the Parent and other Non-LNG Subsidiaries.
The Investor shall be entitled to independently protect and enforce its rights, including, without limitation, the rights arising out of this Agreement or out of any other Existing Transaction Documents, and it shall not be necessary for any Other Investor to be joined as an additional party in any proceeding for such purpose.
The obligations of the Investor under any Existing Transaction Document, several and not joint with the obligations of any Other Investor, and the Investor shall not be responsible in any way for the performance of the obligations of any Other Investor under any Existing Transaction Documents.
The Company has not, directly or indirectly, made any agreements with any of the Investors relating to the terms or conditions of the transactions contemplated by the Existing Transaction Documents except as set forth in the Existing Transaction Documents.
Nothing contained herein or in any other Existing Transaction Documents, and no action taken by the Investor pursuant hereto, shall be deemed to constitute the Investor and Other Investors as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Investor and Other Investors are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by the Existing Transaction Documents.
No consideration shall be offered or paid to any Person to amend or consent to a waiver or modification of any provision of any of the Existing Transaction Documents, the Amendments, the Security Documents, or any of the 2008 Amendment Securities unless the same consideration also is offered to all of the holders of 2008 Amendment Notes.
Except as specifically waived and amended hereby and for the purposes described herein, the Existing Transaction Documents shall remain in full force and effect in accordance with their respective terms.
National (i) was validly incorporated in the State of Michigan and, based on the National Michigan Good Standing Certificate, is validly in existence, and is in good standing under the laws of the State of Michigan, and (ii) at the relevant time, had the corporate power and corporate authority to execute and deliver, and to perform its obligations under, the Existing Transaction Documents to which it is a party.
In connection with the Existing Transaction Documents, the Company granted to the purchasers of the securities purchased thereunder a security interest in and to certain personal property of the Company and its subsidiaries.