NON-MERGER definition
NON-MERGER. The provisions of this agreement shall not merge with any security given by the Borrower to the Bank, but shall continue in full force for the benefit of the parties hereto.
NON-MERGER. The provisions of this commitment letter shall not ---------- merge with any security granted to the Bank and shall continue in full force and effect. The provisions of the Security are in addition to the provisions of this commitment letter. If there is any conflict between the provisions of any of the documents comprising the Security and the provisions of this commitment letter, the provisions of this commitment letter shall prevail.
NON-MERGER. The provisions of this Agreement shall not merge with any Security provided to the Bank, but shall continue in full force for the benefit of the parties hereto. JOINT AND SEVERAL Where more than one Person is liable as Borrower or Guarantor if applicable for any obligation under this Agreement, then the liability of each such Person for such obligation is joint and several (in Quebec, solidarily) with each other such Person. ESW Canada Inc. -8- March 2, 2007 -------------------------------------------------------------------------------- LIFE INSURANCE The Borrower acknowledges that the Bank has offered it insurance on the Borrowings under Business Loan Insurance Plan Policy 51000 ("Policy") issued by Sun Life Assurance Company of Canada to the Bank and the Borrower hereby waives this offer or acknowledges it is ineligible for this offer and acknowledges that Borrowings are not insured under the Policy as at the date of acceptance of this Agreement. COUNTERPART EXECUTION This Agreement may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together constitute one and the same instrument. EMAIL AND FAX TRANSMISSION The Bank is entitled to rely on any report or certificate provided to the Bank by the Borrower or any Guarantor as applicable, by way of email or fax transmission as though it were an originally signed document. The Bank is further entitled to assume that any communication from the Borrower received by email or fax transmission is a reliable communication from the Borrower.
Examples of NON-MERGER in a sentence
NON-MERGER If any term of this Contract may be given effect to after Completion that term will not merge on Completion but will continue in force for as long as is necessary to give effect to it.
CONTINUING SECURITY, NEW ACCOUNTS AND NON-MERGER.............................
ALIENATION NON-MERGER ...................................................5 7.
NON-MERGER........................................................................
NON-MERGER 36 Section 15.1.......................................................................................................Non-Merger.
CONTINUANCE AND NON-MERGER ...........................................
NON-MERGER The covenants, representations and warranties set forth in Articles 4.
More Definitions of NON-MERGER
NON-MERGER. The warranties, undertakings, obligations and indemnities given under this Agreement will not merge or be treated as discharged but will remain enforceable to the fullest extent, despite any rule of law to the contrary. Costs: Unless otherwise stated in this Agreement (including any deed of variation), each party will bear its own costs and expenses in connection with the negotiation, preparation and implementation of this Agreement or any deed of variation. If the terms of a deed of variation greatly benefit one party over the other, that party shall meet the costs and expenses in connection with the negotiation and preparation of the deed of variation.
NON-MERGER. The representations and warranties set forth herein shall survive the execution and delivery of this Agreement, and shall continue in full force and effect until the repayment of the Indebtedness in full.