Common use of 00 - GENERAL Clause in Contracts

00 - GENERAL. 6.1 The security is in addition to and not in substitution for any other security now or hereafter held by the Lender in relation to the Indebtedness. 6.2 The Pledged Shares shall not operate by way of merger of the Indebtedness or any indebtedness or liability of any other person or persons to the Lender and no judgment recovered by the Lender shall operate by way of merger of or in any way affect the security of the Pledged Shares which is in addition to and not in substitution for any other security now or hereafter held by the Lender. 6.3 This Agreement shall be construed and enforced in accordance with the laws in effect in the Province of Ontario. The parties hereto submit to the jurisdiction of the courts in the Province of Ontario and agree to appear in such courts in respect of any matter which may be raised in relation to the interpretation or enforcement of the provisions of this Agreement and agree to be bound by the decision thereof. 6.4 Any demand or notice to be given by any party hereto to any other party shall be in writing and may be given by personal delivery or except during any period when postal service is interrupted, by prepaid registered mail or by telex, telecopy or by other means of instantaneous transmission that produces a permanent copy ("OTHER COMMUNICATION") addressed as follows: (a) to the Borrower at: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ (b) to the Primes de Luxe Inc. at: (c) to the Lender at: The Bank of Nova Scotia Scotia Plaza, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ and if given by registered mail shall be deemed to have been received by the party to whom it was addressed on the date falling four business days following the date upon which it has been deposited in the post office with postage and cost of registration prepaid and if personally delivered to an adult during normal business hours, when so delivered and if given by other communication the third business hour after transmission and confirmation of receipt. Provided that any of the above-named parties may change the address designated from time to time, by notice in writing to the other party hereto.

Appears in 1 contract

Sources: Assignment of Shares (Eos International Inc)

00 - GENERAL. 6.1 The security is in addition to and not in substitution for any other security now or hereafter held by the Lender in relation to the Indebtedness. 6.2 The Pledged Shares shall not operate by way of merger of the Indebtedness or any indebtedness or liability of any other person or persons to the Lender and no judgment recovered by the Lender shall operate by way of merger of or in any way affect the security of the Pledged Shares which is in addition to and not in substitution for any other security now or hereafter held by the Lender. 6.3 This Agreement shall be construed and enforced in accordance with the laws in effect in the Province of Ontario. The parties hereto submit to the jurisdiction of the courts in the Province of Ontario and agree to appear in such courts in respect of any matter which may be raised in relation to the interpretation or enforcement of the provisions of this Agreement and agree to be bound by the decision thereof. 6.4 Any demand or notice to be given by any party hereto to any other party shall be in writing and may be given by personal delivery or except during any period when postal service is interrupted, by prepaid registered mail or by telex, telecopy or by other means of instantaneous transmission that produces a permanent copy ("OTHER COMMUNICATION") addressed as follows: (a) to the Borrower at: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ (b) to the Primes de Luxe Inc. at:: ▇▇▇ ▇▇▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Suite 100 Vanier, Quebec G1M 3R9 (c) to the Lender at: The Bank of Nova Scotia Scotia Plaza, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ and if given by registered mail shall be deemed to have been received by the party to whom it was addressed on the date falling four business days following the date upon which it has been deposited in the post office with postage and cost of registration prepaid and if personally delivered to an adult during normal business hours, when so delivered and if given by other communication the third business hour after transmission and confirmation of receipt. Provided that any of the above-named parties may change the address designated from time to time, by notice in writing to the other party hereto. 6.6 If any dispute occurs among the parties hereto with respect to any matter which cannot be resolved by the provisions hereof or by agreement of the parties, the matter in dispute shall be resolved by arbitration. Any party to the dispute may at any time require arbitration by giving written notice thereof to the other parties hereto setting out in reasonable detail the issue in dispute. The dispute shall be determined by a single arbitrator. If the parties can agree upon an arbitrator within ten (10) days from the receipt of a notice then such party shall act as arbitrator, failing which an arbitrator shall be appointed by a judge of the Ontario Court (General Division) upon the application of any of the parties and the said judge shall appoint such arbitrator as he so desires. The arbitration shall proceed in accordance with the provisions of the ARBITRATIONS ACT (Ontario). The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. 6.7 This Agreement shall be binding upon and enure to the benefit of and be enforceable by the parties hereto and their respective, executors, administrators, successors and assigns and shall be read with such changes of gender and number required by the context. 6.8 This Agreement shall be subject to compliance with those provisions of the PERSONAL PROPERTY SECURITY ACT (Ontario) which can not be waived, altered or superseded by agreement.

Appears in 1 contract

Sources: Assignment of Shares (Eos International Inc)