Nature of the Obligations. The Company shall not be obligated to file any claim relating to the Obligations in the event that MergerCo becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of the Company to so file shall not affect the Investor’s obligations hereunder. In the event that any payment to the Company hereunder is rescinded or must otherwise be returned for any reason whatsoever, the Investor shall remain liable hereunder with respect to its Merger Agreement Obligations as if such payment had not been made (subject to the terms hereof). This is an unconditional guarantee of payment and not of collectibility.
Nature of the Obligations. The Company shall not be obligated to file any claim relating to the Obligations in the event that Parent or Sub become subject to a bankruptcy, reorganization or similar proceeding, and the failure of the Company to so file shall not affect the Investor’s obligations hereunder. In the event that any payment to the Company hereunder is rescinded or must otherwise be returned for any reason whatsoever, the Investor shall remain liable hereunder with respect to the Merger Agreement Obligations as if such payment had not been made (subject to the terms hereof). This is an unconditional guarantee of payment and not of collectability.
Nature of the Obligations. In the performance of the diligence and services stipulated, the service provider and the contractor undertake to make their best efforts and to comply with best practice. It is expressly agreed that the present obligation is one only of due care.
Nature of the Obligations. The obligations of Nalcor hereunder are absolute, present, continuing and irrevocable and shall be performed on a timely basis strictly in accordance with the provisions of this Agreement.
Nature of the Obligations. Each of the Obligations of the Grantor is indivisible.
Nature of the Obligations. Each Debtor is jointly and severally liable for each and every Obligation. Each Debtor consents that, without the necessity of any reservation of rights against it and without notice to or further assent by it, the obligations and liabilities of each Debtor and any other party or parties for or upon any of the obligations of any Affiliate of each Debtor, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, modified, accelerated, compromised or released by Lender; all as Lender may deem advisable from time to time without impairing, abridging, releasing or affecting the obligations set forth in this Section 2.7.
Nature of the Obligations. Except as expressly provided herein, the obligations of Ambac under this Policy are irrevocable, absolute and unconditional.
Nature of the Obligations. With respect to the Obligation, the guarantee provided in this Guarantee shall be a guarantee of payment. In order to obtain the payment under this Guarantee, the Government shall refer first to the Debtor and, in case of failure to pay by the Debtor, to the Guarantor. At the end of each Quarter and upon the completion and due performance of relevant activity of the Obligation of Phase (insert Phase number), the applicable value of the Guarantee will be reduced in favour of the Investor according to Article 15. If, upon expiry of the Phase (insert Phase number) of the Exploration Period, or in the event of whole relinquishment or termination of the Agreement, the Minimum Work Obligations in connection with Phase (insert Phase number) of the Exploration Period has not been fulfilled, the Government shall have the right to call for the Guarantee as compensation for the non-performance of the Minimum Work Obligations.
Nature of the Obligations of the Company The obligations of the Company under the Contract are obligations of means. Consequently, the Company cannot be held liable for any damage suffered by the Beneficiary – this under the conditions of Article 11.2 below – unless its fault is proven by the Beneficiary.
Nature of the Obligations. The obligations of the Contributing Parties hereunder are absolute, present, continuing and irrevocable and shall be performed on a timely basis strictly in accordance with the provisions of this Agreement.
