Nature of Claims. Each of the Applicable Second Lien Agent and each Second Lien Obligations Representative, for itself and on behalf of the applicable Second Lien Obligations Secured Parties, acknowledges and agrees that (i) with respect to any commitments under any First Lien Obligations Agreement that constitute revolving credit commitments, in the ordinary course of business, the applicable First Lien Obligations Representative and lenders thereunder will apply payments and make advances to the Company or other Pledgors thereunder and the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (ii) no release of any Lien by the Applicable First Lien Agent or any First Lien Obligations Representative, as the case may be, upon any portion of the Common Collateral or other collateral securing any First Lien Obligations in connection with a Disposition not prohibited under the First Lien Obligations Documents shall constitute the exercise of remedies prohibited under this Agreement, and (iii) the amount of the First Lien Obligations that may be outstanding at any time or from time to time may be increased by way of incremental commitments or reduced and, with respect to any First Lien Obligations that comprise revolving facilities, subsequently reborrowed. The Lien priority set forth in this Agreement shall not be altered or otherwise affected by any amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the First Lien Obligations or any portion thereof.
Nature of Claims. The waivers and limitations in this Section 12 apply regardless of the form of Action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
Nature of Claims. During its ownership of the Property, there have not been and there are not now pending or, to Owner’s knowledge, threatened: (i) claims, complaints, notices, or requests for information received by Owner with respect to any alleged violation of any Environmental Law with respect to the Property; or (ii) claims, complaints, notices, or requests for information sent to Owner regarding potential or alleged liability under any Environmental Law with respect to the Property.
Nature of Claims. The Second Lien Agent, for itself and on behalf of the applicable Second Lien Secured Parties, acknowledges and agrees that (i) with respect to any commitments under any First Lien Facility that constitute revolving credit commitments, in the ordinary course of business, the applicable First Lien Agent and lenders thereunder will apply payments and make advances to the Company or other Pledgors thereunder and the amount thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed; (ii) no release of any Lien by the First Lien Agent upon any portion of the Common Collateral or other collateral securing any First Lien Obligations in connection with a Disposition not prohibited under the First Lien Documents shall constitute the exercise of remedies prohibited under this Agreement; and (iii) the amount of the First Lien Obligations that may be outstanding at any time or from time to time may be increased (including by way of incremental commitments or as a result of fluctuations in commodity prices or interest rates) or reduced and, with respect to any First Lien Obligations that comprise revolving facilities, including letter of credit facilities, subsequently reborrowed. The Lien priority set forth in this Agreement shall not be altered or otherwise affected by any amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or refinancing of the First Lien Obligations or any portion thereof.
Nature of Claims. (a) Each Second Priority Representative, on behalf of itself and each Second Priority Secured Party under its Second Priority Debt Facility, acknowledges that (x) subject to Section 5.03(c) hereof, the terms of the Senior Priority Debt Documents and the Senior Priority Obligations may be amended, restated, amended and restated, supplemented or otherwise modified, and the Senior Priority Obligations, or a portion thereof, may be Refinanced from time to time and (y) the aggregate amount of the Senior Priority Obligations may be increased, in each case, without notice to or consent by the Second Priority Representatives or the Second Priority Secured Parties and without affecting the provisions hereof, except as otherwise expressly set forth herein.
Nature of Claims. 10.3.1 The Paying Party shall not be liable for -
Nature of Claims. Disputes, claims or controversies shall mean, but are not limited to, all claims based on breach of contract, negligence, medical malpractice, tort, breach of statutory duty, patient's rights, any departures from accepted standards of care, and all disputes regarding the interpretation of this Agreement, allegations of fraud in the inducement or requests for rescission of this Agreement. This includes claims against the PRACTICE, its employees, agents, officers, directors, any parent, subsidiary or affiliate of PRACTICE. All claims based in whole or in part on the same incident, transaction, or related course of care and services provided by the PRACTICE to PATIENT shall be arbitrated in one proceeding.
Nature of Claims. The claims evidenced by this Note are registered claims (vorderingen op naam) and this Note is not payable to bearer (aan toonder) or to order (aan order). For the avoidance of doubt, this Note does not qualify as a promissory note within the meaning of the 1930 convention for the settlement of certain conflicts of laws in connection with bills of exchange and promissory notes. This Note is a non-recourse note. The obligations of the Obligor evidenced by this Note are to be repaid by the Obligor from the proceeds from time to time of the Subject Partnership Investment.
Nature of Claims. Sibanye shall not be liable for ‑
Nature of Claims. (a)Each Representative, on behalf of itself and each Secured Party that it represents under its applicable Debt Documents, acknowledges that (x) the terms of the Debt Documents and the Obligations may be amended, restated, amended and restated, supplemented or otherwise modified, and the Obligations, or a portion thereof, may be Refinanced from time to time and (y) the aggregate amount of the Obligations may be increased, in each case, without notice to or consent by any Representatives or any applicable Secured Parties and without affecting the provisions hereof, except as otherwise limited or prohibited in the Debt Documents.
