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.
Sample 1Sample 2Sample 3
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.
Sample 1
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.
Sample 1

Examples of NON-MERGER in a sentence

  • NONMERGER.........................................................................................................................

  • NON-MERGER........................................................................

  • NONMERGER.........................................................................................................

  • ALIENATION NON-MERGER ...................................................5 7.

  • CONTINUING SECURITY, NEW ACCOUNTS AND NON-MERGER.............................

  • Section 6.1 NON-MERGER The covenants, representations and warranties set forth in Articles 4.

  • CONTINUANCE AND NON-MERGER ...........................................


More Definitions of NON-MERGER

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.
Sample 1
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.
Sample 1

Related to NON-MERGER

  • Change of Control Transaction means the occurrence after the date hereof of any of (a) an acquisition after the date hereof by an individual or legal entity or “group” (as described in Rule 13d-5(b)(1) promulgated under the Exchange Act) of effective control (whether through legal or beneficial ownership of capital stock of the Company, by contract or otherwise) of in excess of 33% of the voting securities of the Company (other than by means of conversion or exercise of the Notes and the Securities issued together with the Notes), (b) the Company merges into or consolidates with any other Person, or any Person merges into or consolidates with the Company and, after giving effect to such transaction, the stockholders of the Company immediately prior to such transaction own less than 66% of the aggregate voting power of the Company or the successor entity of such transaction, (c) the Company sells or transfers all or substantially all of its assets to another Person and the stockholders of the Company immediately prior to such transaction own less than 66% of the aggregate voting power of the acquiring entity immediately after the transaction, (d) a replacement at one time or within a three year period of more than one-half of the members of the Board of Directors which is not approved by a majority of those individuals who are members of the Board of Directors on the Original Issue Date (or by those individuals who are serving as members of the Board of Directors on any date whose nomination to the Board of Directors was approved by a majority of the members of the Board of Directors who are members on the date hereof), or (e) the execution by the Company of an agreement to which the Company is a party or by which it is bound, providing for any of the events set forth in clauses (a) through (d) above.

  • Corporate Transaction means the consummation, in a single transaction or in a series of related transactions, of any one or more of the following events: