Common use of THIS DEED Clause in Contracts

THIS DEED. 5.4.1 The provisions of this deed will apply at all times (a) regardless of the date on which any amount secured by the Guarantee is or was incurred and (b) in respect of the full amount secured by the Guarantee at the relevant time. 5.4.2 The provisions of this deed will not be affected by the occurrence or existence at any time of any of the following events or circumstances or by any person’s knowledge or lack of knowledge as to any such matter: (a) any person’s insolvency or lack of capacity, power or authority; (b) any unenforceability, illegality or invalidity of any obligation of any person; (c) any change in the constitution, membership, ownership, legal form, name or status of any person; (d) the making or termination of any other deed or agreement; (e) any amendment, novation, re-statement or substitution of, or any supplement to, any other deed or agreement; (f) any increase or reduction in the amount of any person’s indebtedness or any alteration of any term or condition in respect of any person’s indebtedness; (g) any person taking or omitting to take any step in relation to (i) the Franchisee, the Guarantor or any other person, (ii) any amount secured by the Guarantee, (iii) any security, guarantee, indemnity or other financial support in respect of any indebtedness and/or (iv) any other asset; or (h) anything else which, although it could affect the liability of a surety, would not affect the liability of a principal debtor. 5.4.3 If, at any time, any provision of this deed is or is found to have been illegal, invalid or unenforceable in any respect under any law of any jurisdiction, this does not affect the legality, validity or enforceability of the other provisions of this deed or the legality, validity or enforceability of the affected provision under any law of any other jurisdiction. 5.4.4 Any person (other than the Secretary of State) who is not party to this deed has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this deed, except to the extent that this deed expressly provides for it to do so. The Secretary of State and the Guarantor do not require the consent of any such person before rescinding or varying this deed. 5.4.5 This deed is the Secretary of State’s property.