Common use of Commercial Activity; Absence of Immunity Clause in Contracts

Commercial Activity; Absence of Immunity. each of the Obligors is subject to civil and commercial law with respect to its obligations under the Loan Agreement and the Guarantee, as applicable, and the making and performance by it of the Loan Agreement and/or the Guarantee, as applicable, constitutes private and commercial acts rather than public or governmental acts. Neither the relevant Obligor nor any of its Properties is entitled to immunity on the grounds of sovereignty or otherwise from the jurisdiction of any court or from any action, suit, set-off or proceeding, or service of process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) in connection therewith, arising under the Loan Agreement and/or the Guarantee, as applicable.

Appears in 2 contracts

Samples: Assignable Loan Agreement (Sherwin Williams Co), Assignment Agreement (Sherwin Williams Co)

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Commercial Activity; Absence of Immunity. each Each of the Obligors and the Importer is subject to civil and commercial law with respect to its obligations under the Loan Agreement and the Guarantee, as applicableDocuments to which it is a party, and the making and performance by it of the such Loan Agreement and/or the Guarantee, as applicable, constitutes Documents constitute private and commercial acts rather than public or governmental acts. Neither None of the relevant Obligor Obligors nor the Importer nor any of its their respective Properties is entitled to immunity on the grounds of sovereignty or otherwise from the jurisdiction of any court or from any action, suit, set-off or proceeding, or service of process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) in connection therewith, arising under the Loan Agreement and/or the Guarantee, as applicableDocuments.

Appears in 1 contract

Samples: Export Prepayment Agreement (Votorantim Pulp & Paper Inc)

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Commercial Activity; Absence of Immunity. each of the Obligors The Borrower is subject to civil and commercial law with respect to its obligations under the Loan Agreement and the Guarantee, as applicableDocuments to which it is a party, and the making and performance by it of the such Loan Agreement and/or the Guarantee, as applicable, constitutes Documents constitute private and commercial acts rather than public or governmental acts. Neither the relevant Obligor Borrower nor the Guarantor nor any of its their respective Properties (including the Collateral) is entitled to immunity on the grounds of sovereignty or otherwise from the jurisdiction of any court or from any action, suit, set-off or proceeding, or service of process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) in connection therewith, arising under the Loan Agreement and/or the Guarantee, as applicableDocuments.

Appears in 1 contract

Samples: Senior Secured Loan Facility (Adecoagro S.A.)

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