Common use of Acts of the Borrower Clause in Contracts

Acts of the Borrower. (a) The liabilities of the Borrower or the Guarantor under the Finance Documents shall not be in any way affected by: (i) any actual or purported irregularity in any act done, or failure to act, by the Borrower; (ii) the Borrower acting (or purporting to act) in any respect outside any authority conferred upon it by the Guarantor; or (iii) any actual or purported failure by, or inability of, the Borrower to inform the Guarantor of receipt by it of any notification under the Finance Documents. (b) In the event of any conflict between any notices or other communications of the Borrower and the Guarantor, those of the Borrower shall prevail.

Appears in 1 contract

Sources: Facility Agreement (CALGON CARBON Corp)

Acts of the Borrower. (a) The respective liabilities of each of the Borrower or the Guarantor Obligors under the Finance Documents shall not be in any way affected by: (i) any actual or purported irregularity in any act done, or failure to act, by the Borrower; (ii) the Borrower acting (or purporting to act) in any respect outside any authority conferred upon it by the Guarantorany Obligor; or (iii) any actual or purported failure by, or inability of, the Borrower to inform the Guarantor any Obligor of receipt by it of any notification under the Finance Documents. (b) In the event of any conflict between any notices or other communications of the Borrower and the Guarantorany other Obligor to any Finance Party, those of the Borrower shall prevail.

Appears in 1 contract

Sources: Term Loan Facility Agreement (Vantage Drilling CO)