Common use of Protective Clauses Clause in Contracts

Protective Clauses. Neither the liability of the Company nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by: (i) the invalidity, irregularity or unenforceability of any obligation or liability of any Person under any Transaction Document to which it is or is to be a party; (ii) any deficiency in the powers of the Company or any other Person to enter into or perform any of their respective obligations under any Transaction Document to which each of them is or is to be a party or any irregularity in the exercise thereof or any lack of authority by any Person purporting to act on its behalf; (iii) the insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution, status, control or ownership of any Person, including the Company; (iv) any other Transaction Document, charge, guarantee or other security or right or remedy available to the Trustee or any other Finance Party being or becoming wholly or partly void, voidable, unenforceable or impaired by any Finance Party or any Person, including a Finance Party, at any time releasing, refraining from enforcing, varying or in any other way dealing with any of them or any power, right or remedy that the Trustee and/or any other Finance Party may now or hereafter have from or against the Company or any other Person; and/or (v) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of the Company hereunder or any other right, power or remedy conferred upon the Finance Parties by this Deed or by any Applicable Law.

Appears in 2 contracts

Sources: Debenture Trust Deed, Debenture Trust Deed

Protective Clauses. Neither the liability of the Company Chargor nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by: (ia) the invalidity, irregularity granting of any time or indulgence to the Chargor or any other person; (b) any variation or modification of any Finance Document or any other document referred to therein; (c) the invalidity or unenforceability of any obligation or liability of any Person the Individual Guarantor, the Chargor or the Corporate Guarantors under any Transaction Document to which it is or is to be a partyof the Finance Documents; (iid) any invalidity or irregularity in the execution of any Finance Document or this Deed; (e) any deficiency in the powers of the Company Chargor, the Individual Guarantor or any other Person the Corporate Guarantors to enter into or perform any of their respective its obligations under any Transaction Finance Document to which each of them is or is to be a party or any irregularity in the exercise thereof or any lack of authority by any Person person purporting to act on its behalfbehalf of the foregoing; (iiif) the insolvency or liquidation or any incapacity, disability or limitation or any change in the constitutionconstitution or status of the Chargor, status, control Individual Guarantor or ownership of any Person, including the CompanyCorporate Guarantors; (ivg) any other Transaction Document, charge, guarantee or other security Finance Document or right or remedy being or becoming held by or available to the Trustee Bondholder or by any other Finance Party of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party or any Person, including a Finance Party, the Bondholder at any time releasing, refraining from enforcing, varying or in any other way dealing with any of them the same or any power, right or remedy that the Trustee and/or any other Finance Party Bondholder may now or hereafter have from or against the Company Chargor or any other Person; and/orperson; (vh) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Chargor or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of the Company hereunder or any other right, power or remedy conferred upon the Finance Parties by this Deed or by any Applicable LawChargor hereunder.

Appears in 1 contract

Sources: Assignment Agreement (Global Pharm Holdings Group, Inc.)

Protective Clauses. Neither Without limiting Section 2.5, neither the liability of either of the Company Guarantors nor the validity or enforceability of this Deed Guarantee shall be prejudiced, affected or discharged by: (ia) the invaliditygranting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Agreement, irregularity the Series A Notes or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any Person party under this Agreement, the Series A Notes or any Transaction Document other documents referred to which it is herein or is to be a partytherein or related thereto; (iid) any invalidity or irregularity in the execution of this Agreement, the Series A Notes or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company Company, any Guarantor or any other Person person to enter into or perform any of their respective its obligations under this Agreement, the Series A Notes or any Transaction Document other documents referred to which each of them is herein or is to be a party therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any Person person purporting to act on its behalfbehalf of the Company, the Guarantors or such other person; (iiif) the insolvency insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution, status, control constitution or ownership status of the Company or either or both of the Guarantors or any Person, including the Companyother person; (ivg) any other Transaction Documentsecurity document, chargesecurity interest, guarantee or other security or right or remedy being or becoming held by or available to the Trustee any Purchaser or by any other Finance Party person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party or any Person, including a Finance Party, Purchaser at any time releasing, refraining from enforcing, varying or in any other way dealing with any of them the same or any power, right or remedy that the Trustee and/or any other Finance Party Purchaser may now or hereafter have from or against the Company or any other Person; and/orperson; (vh) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed Guarantee or the liability of the Company hereunder or any other right, power or remedy conferred upon the Finance Parties by this Deed or by any Applicable LawGuarantors hereunder.

Appears in 1 contract

Sources: Convertible Note Purchase Agreement (Mercantile Equity Partners Iii L P)