Irregularity Sample Clauses

Irregularity. Without prejudice to generality of the foregoing the Lender shall also be entitled to charge at its own discretion and the Borrower shall be liable to pay and hereby agrees to pay such enhanced rate of interest on the said Facility Account either on the entire outstanding or the portion thereof as the Lender may fix for any irregularity or any breach of the terms of sanction or hereof by the Borrower and for such period as the irregularity or breach continue or for such time as the Lender may decide it necessary regard being had to the nature of the irregularity or breach provided that the charging and payment of enhanced rate of interest shall be without prejudice to the other rights or remedies of the Lender either hereunder or otherwise or by law to proceed for such irregularity or breach against the Borrower.
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Irregularity. Any obligation of Nalcor to make investments by way of equity under the LTAESA shall be considered as being part of the LTA Guaranteed Obligations, notwithstanding any lack of capacity, irregularity, defect or flaw in the creation or continuance of such obligation, whether or not the Collateral Agent was aware of the same, it being expressly understood that any such obligation which cannot be recovered from the Guarantor as guarantor hereunder by reason of any voidness of the principal obligation may be recovered from the Guarantor under the indemnity contained in Section 2.2 and shall be payable to the Collateral Agent upon demand therefor by the Collateral Agent in accordance with Sections 2.3 and 2.4.
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Irregularity. Any obligation of Nalcor to make investments by way of equity under the MFESA shall be considered as being part of the MF Guaranteed Obligations, notwithstanding any lack of capacity, irregularity, defect or flaw in the creation or continuance of such obligation, whether or not the Collateral Agent was aware of the same, it being expressly understood that any such obligation which cannot be recovered from the Guarantor as guarantor hereunder by reason of any voidness of the principal obligation may be recovered from the Guarantor under the indemnity contained in Section 2.2 and shall be payable to the Collateral Agent upon demand therefor by the Collateral Agent in accordance with Sections 2.3 and 2.4.
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Irregularity. Any obligation of any Contributing Party to make investments by way of equity under the ESA shall be considered as being part of the NL Guaranteed Obligations, notwithstanding any lack of capacity, irregularity, defect or flaw in the creation or continuance of such obligation, whether or not the Collateral Agent was aware of the same, it being expressly understood that any such obligation which cannot be recovered from the Guarantor as guarantor hereunder by reason of any voidness of the principal obligation may be recovered from the Guarantor under the indemnity contained in Section 2.2 and shall be payable to the Collateral Agent upon demand therefor by the Collateral Agent in accordance with Sections 2.3 and 2.4.
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Irregularity. Throughout the grievance and arbitration procedure no grievance shall be deemed invalid by reason of defect in form, technical irregularity or procedural error and the Board of Arbitration shall have the power to relieve against such conditions on such terms as may be just and reasonable.
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Related to Irregularity

  • Irregularities 1. Irregularities are defined in accordance with Article 12.2 of the Regulation.

  • Defect If any Mortgage Loan is to be repurchased or replaced as contemplated by this subsection, the Purchaser or its designee shall be entitled to designate the account to which funds in the amount of the applicable Purchase Price or Substitution Shortfall Amount (as the case may be) are to be wired. Any such repurchase or replacement of a Mortgage Loan shall be on a whole loan, servicing released basis. Notwithstanding this subsection, the absence from the Mortgage File, (i) on the Closing Date of the Mortgage Note (or a lost note affidavit and indemnity with a copy of the Mortgage Note) and (ii) by the first anniversary of the Closing Date of originals or copies of any other Specially Designated Mortgage Loan Document (without the presence of any factor that reasonably mitigates any such absence or non conformity or irregularity) shall be conclusively presumed to be a Material Document Defect and shall obligate the Responsible Repurchase Party to cure such Material Document Defect, or, failing that, replace or repurchase the related Mortgage Loan or REO Mortgage Loan, all in accordance with the procedures set forth herein. Notwithstanding the foregoing provisions of this Section 5(a), in lieu of the Mortgage Loan Seller performing its obligations with respect to any Material Breach or Material Document Defect provided in the preceding paragraph, to the extent that the Mortgage Loan Seller and the Purchaser (or, following the assignment of the Mortgage Loans to the Trust Fund, the Mortgage Loan Seller and the Special Servicer on behalf of the Trust Fund, and with the consent of the Subordinate Class Representative to the extent a Subordinate Control Period or Collective Consultation Period is then in effect) are able to agree upon a cash payment payable by the Mortgage Loan Seller to the Purchaser that would be deemed sufficient to compensate the Purchaser for a Material Breach or Material Document Defect (a “Loss of Value Payment”), the Mortgage Loan Seller may elect, in its sole discretion, to pay such Loss of Value Payment to the Purchaser; provided that a Material Document Defect or a Material Breach as a result of a Mortgage Loan not constituting a “qualified mortgage”, within the meaning of Code Section 860G(a)(3), may not be cured by a Loss of Value Payment. Upon its making such payment, the Mortgage Loan Seller shall be deemed to have cured such Material Breach or Material Document Defect in all respects. Provided such payment is made, this paragraph describes the sole remedy available to the Purchaser and its assignees regarding any such Material Breach or Material Document Defect, and the Mortgage Loan Seller shall not be obligated to repurchase or replace the affected Mortgage Loan or otherwise cure such Material Breach or Material Document Defect. The remedies provided for in this subsection with respect to any Material Document Defect or Material Breach with respect to any Mortgage Loan shall apply to the related REO Property.

  • Minor Irregularities/Right to Reject The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State’s best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents.

  • Validity The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

  • Invalidity Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.

  • No Material Misstatements None of the Underwriters shall have discovered and disclosed to the Company on or prior to such Closing Date that the Registration Statement or any amendment or supplement thereto contains an untrue statement of a fact which, in the opinion of counsel for the Underwriters, is material or omits to state any fact which, in the opinion of such counsel, is material and is required to be stated therein or is necessary to make the statements therein not misleading, or that the General Disclosure Package, any Issuer Free Writing Prospectus or the Prospectus or any amendment or supplement thereto contains an untrue statement of fact which, in the opinion of such counsel, is material or omits to state any fact which, in the opinion of such counsel, is material and is necessary in order to make the statements, in the light of the circumstances in which they were made, not misleading.

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.

  • Conflict of interest and financial or other irregularities 12.1 The Recipient, and employees of the Recipient, shall be careful not to be subject to conflicts of interest.

  • Grievability Denial of a petition for reinstatement is grievable. The grievance may not be based on information other than that shared with the Employer at the time of the petition for reinstatement.

  • Legality The execution, delivery and performance by Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder do not, and will not, contravene or conflict with any law, statute or regulation whatsoever to which Guarantor is subject or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, or result in the breach of, any indenture, mortgage, deed of trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a party or which may be applicable to Guarantor. This Guaranty is a legal and binding obligation of Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to the enforcement of creditors’ rights.

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