Continuity and Further Assurance Clause Samples

Continuity and Further Assurance. 3.1 The provisions of the Dividend Rights Agreement shall, save as amended hereby, continue in full force and effect. 3.2 YIC shall, at its own expense, do all such acts and things and execute all such documents as shall reasonably be considered necessary or desirable to give full effect to the amendments effected or to be effected pursuant to this Agreement.

Continuity and Further Assurance. 5.1 The provisions of the Finance Documents shall, save as amended in this deed, continue in full force and effect. 5.2 The Borrower shall, at the request of the Lenders and at its own expense, do all such acts and things necessary or desirable to give effect to the provisions of this deed.

Continuity and Further Assurance. 4.1 The Collateral Agent and the Security Grantors confirm and agree that (i) save as amended by this Agreement, all provisions of the Security Agreements shall remain unchanged, (ii) the validity and effectiveness of the provisions of the Security Agreements shall remain unaffected by this Agreement, to the extent not amended by this Agreement (iii) the validity and effectiveness of the security interests created under the Security Agreements shall not be affected by this Agreement; and (iv) such security interests shall continue to secure the Obligations (as defined in the Amended Security Agreements). For the avoidance of doubt, and unless otherwise agreed pursuant to this Agreement, the provisions in the Swiss IP Assignment Agreements relating to the limitations on enforcement of the security granted thereunder and the application of proceeds of an enforcement of such security shall not be affected by the amendments pursuant to this Agreement. 4.2 The Security Grantors shall, at the reasonable request of the Security Agent (acting on the reasonable instructions of the Secured Parties) and at the Security Grantors’ expense, do all such acts and things necessary or desirable to give effect to the amendments effected or to be effected pursuant to this Agreement. 4.3 The Collateral Agent and each Security Grantor agree that this Agreement shall constitute a “Security Document” for the purposes of the First Lien Intercreditor Agreement (and for no other purpose) and that, all rights, duties, privileges, protections and benefits of the Collateral Agent set forth in the Amended Security Agreements are hereby incorporated by reference.

Continuity and Further Assurance. 3.1 The provisions of Declaration of Trust shall, save as amended hereby, continue in full force and effect. 3.2 Each of the Receivables Trustee and the Beneficiaries shall do all such acts and things necessary or desirable to give effect to the amendments effected or to be effected pursuant to this Deed.

Continuity and Further Assurance. 3.1 The Collateral Agent, the other Current Pledgees and the Pledgors confirm and agree that (i) save as amended by this Agreement, all provisions of the Share Pledge Agreements shall remain unchanged, (ii) the validity and effectiveness of the provisions of the Share Pledge Agreements shall remain unaffected by this Agreement, to the extent not amended by this Agreement (iii) the validity and effectiveness of the security interests created under the Share Pledge Agreements shall not be affected by this Agreement; and (iv) such security interests shall continue to secure the Obligations (as defined in the Amended Security Agreements). For the avoidance of doubt, the provisions in the Share Pledge Agreement 1 relating to the limitations on enforcement of the security granted thereunder and the application of proceeds of an enforcement of such security shall not be affected by the amendments pursuant to this Agreement. 3.2 The Pledgors shall, at the reasonable request of the Collateral Agent and at the Pledgors’ expense, do all such acts and things necessary or desirable to give effect to the amendments effected or to be effected pursuant to this Agreement. 3.3 In the event that German law requires, as a result of the increase of the incremental term facilities from an amount of USD 400,000,000 to an amount of USD 1,550,000,000 or otherwise, that new pledges have to be granted in relation to the Shares (as defined in each of the Share Pledge Agreements) and any other item referred to in Clause 4 of the Share Pledge Agreements in order to effectively secure the Obligations (as defined in each Share Pledge Agreement and as confirmed and amended by this Agreement), the parties hereto agree that such new pledges are granted under this Agreement and each Pledgor hereby pledges to each of the Current Pledgees and the Future Pledgees (as defined in the relevant Share Pledge Agreement) the Shares (as defined in the relevant Share Pledge Agreement) and any other item referred to in Clause 4 of the Share Pledge Agreements pursuant to the terms and conditions (as these are confirmed and amended pursuant to this Agreement) of the Share Pledge Agreement to which it is a party and each Current Pledgee hereby accepts such pledge for itself in accordance with and subject to the terms and conditions of the relevant Share Pledge Agreement and, in the case of the Collateral Agent, also as representative without power of attorney (Vertreter ohne Vertretungsmacht) for and on beh...

Continuity and Further Assurance. 3.1 Designation as a Finance Document (a) In accordance with the A/C Facilities Agreement, the Parent and A/C Facility Agent designate this Deed and the Amended Intercreditor Deed as a Finance Document (as such term is defined in the A/C Facilities Agreement). (b) In accordance with the NZ Facility Agreement, the Parent and the NZ Facility Agent designate this Deed and the Amended Intercreditor Deed as a Finance Document (as such term is defined in the NZ Facility Agreement).

Continuity and Further Assurance. 3.1 The provisions of the Share Transfer Agreement shall, save as amended hereby, continue in full force and effect. 3.2 YIC shall, at its own expense, do all such acts and things and execute all such documents as shall reasonably be considered necessary or desirable to give full effect to the amendments effected or to be effected pursuant to this Agreement.

Continuity and Further Assurance. The provisions of the Original Agreement shall, save as amended by this Agreement, continue in full force and effect.

Continuity and Further Assurance. 4.1 Continuing obligations The provisions of the Amended and Restated Facility Agreement shall, save as amended in this Agreement, continue in full force and effect.