Non-Discharge Sample Clauses

Non-Discharge. It is further agreed that the penalties described in this Settlement Agreement are non-dischargeable under United States Code, title 11, section 523(a)(7), which provides an exception from discharge for any debt to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit.
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Non-Discharge. The Borrower waives any defenses based on suretyship or impairment of Negative Pledge Assets, waives any right of discharge under ss.3-605 of the Code and consents in advance to (i) any extension which the Lender may in its sole discretion hereafter grant in the due date for the payment or performance of any obligation of Borrower hereunder, (ii) any modification for the benefit of Borrower, including a material modification of any obligation of the Borrower hereunder which the Lender may in its sole discretion hereafter grant, (iii) any action taken hereunder which may result in any impairment of the value of any Negative Pledge Assets whether provided by Borrower, including, without limitation, any impairment of collateral as described in subsection 3-605(g) of the Code; (iv) any diligence in collection, the discharge or release of any party hereto or party to any subordination agreement, (v) the discharge or release of any collateral or, all presentment for payment, demand, protest or notice of protest, dishonor or non-payment, or (vi) the granting of any additional credit hereunder without notice.
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Non-Discharge. Unless otherwise specifically stated in any discharge of the Security Trust, the provisions of this clause 16 will continue in full force and effect despite such discharge.
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Non-Discharge. Neither the obligations of the Original Borrower herein contained nor the rights, powers and remedies conferred in respect of the Original Borrower upon any of the Finance Parties by any of the Finance Documents or by law shall be discharged, impaired or otherwise affected by: 25.4.1 the winding-up, dissolution, administration or reorganisation of any of the Subsidiary Borrowers or any other Person or any change in its status, function, control or ownership; 25.4.2 any of the obligations of any of the Subsidiary Borrowers or any other Person under any of the Finance Documents or under any other security taken in respect of any of its obligations thereunder being or becoming illegal, invalid, unenforceable or ineffective in any respect; 25.4.3 time or other indulgence being granted or agreed to be granted to any of the Subsidiary Borrowers or any other Person in respect of its obligations under any of the Finance Subsidiary Documents or under any such other security; 25.4.4 any amendment to, or any variation, waiver or release of, any obligation of any of the Subsidiary Borrowers or any other Person under any of the Finance Documents or under any such other security; 25.4.5 any failure to take, or fully to take, any security contemplated hereby or otherwise agreed to be taken in respect of any of the Subsidiary Borrowers under any of the Finance Documents; 25.4.6 any failure to realise or fully to realise the value of, or any release, discharge, exchange or substitution of, any security taken in respect of any of the Subsidiary Borrowers' obligations under any of the Finance Documents; 25.4.7 the accession of any one or more Acceding Subsidiary Borrowers to this Agreement by means of the procedure set out in clause 26 (Accession and Cessation of Subsidiary Borrowers) or the utilisation of the Facility by any such Acceding Subsidiary Borrower; or 25.4.8 any other act, event or omission which, but for this clause 25.4 (Non-discharge), might operate to discharge, impair or otherwise affect any of the obligations of the Original Borrower herein contained or any of the rights, powers or remedies conferred upon the Finance Parties by this Agreement or by law.
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Non-Discharge. Except for the Guarantor's payment of the Obligations in full as provided for herein, to the greatest extent permitted by the applicable laws and regulations, the Guarantor's obligations hereunder shall not be discharged or affected by any circumstances which might constitute a discharge or defense (including, without limitation, the bankruptcy, composition or reorganization of the Borrower) or the illegality, invalidity, unenforceability, or any defect in the Obligations. The intention of the Guarantor being that this Guarantee is absolute and unconditional in all circumstance.
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Non-Discharge. Unless otherwise specifically stated in any discharge of the trusts of this Deed the provisions of this clause 13 shall continue in full force and effect despite such discharge. -------------------------------------------------------------------------------- 14 SUPPLEMENTAL SECURITY TRUSTEE PROVISIONS 14.1 ADDITIONAL POWERS, PROTECTIONS, ETC. By way of supplement to any Statute regulating the conduct of the trusts contained in this Deed and in addition to the powers and rights which may from time to time be vested in the Security Trustee by the general law it is expressly declared as follows:
Sample 1
Non-Discharge. The Borrower waives any defenses based on suretyship or impairment of Collateral, waives any right of discharge under ‘3-605 of the Code and consents in advance to (i) any extension which the Lender may in its sole discretion hereafter grant in the due date for the payment or performance of any obligation of Borrower hereunder, (ii) any modification for the benefit of Borrower, including a material modification of any obligation of the Borrower hereunder which the Lender may in its sole discretion hereafter grant, any action taken hereunder which may result in any impairment of the value of any Collateral whether provided by Borrower, including, without limitation, any impairment of collateral as described in subsection 3-605(g) of the Code; (iv) any diligence in collection, the discharge or release of any party hereto or party to any subordination agreement, (v) the discharge or release of any collateral or, all presentment for payment, demand, protest or notice of protest, dishonor or non-payment, or (vi) the granting of any additional credit hereunder without notice.
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Related to Non-Discharge

  • DISCIPLINE AND DISCHARGE (a) If it is alleged that an employee has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days of the discipline or discharge being affected. The discharged or suspended employee shall be given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, providing one is available on site. Time spent will be paid in accordance with Article 11.06(e). (b) If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for the time loss limited to a maximum of the employee(s) regular number of hours per week. The provision of this Article may be waived if both parties mutually agree to other methods of resolving the grievance. (c) Where an Arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: i) uphold the discharge or suspension, or ii) vary the penalty, or iii) substitute a different penalty, or iv) direct reinstatement, and in cases ii), iii), and iv) the Arbitrator may in addition order the Company to pay the employee full or partial compensation in accordance with his hourly rate. It is understood, however, that if an employee is reinstated, he shall retain his full seniority, unless otherwise directed by the Arbitrator. (a) i) Only Discipline Letters and Discharge/Suspensions shall be considered as a form of discipline and shall be subject to the provisions of the Grievance procedure. A copy of each letter shall be sent to the Union, within thirty (30) days of the imposition of such discipline.

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