Common use of Neither Clause in Contracts

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 4 contracts

Sources: Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 28.20 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 3 contracts

Sources: Term Loan Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Term Loan Facility (Navios South American Logistics Inc.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 29.19 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Facility Agreement (Euroseas Ltd.), Facility Agreement (Euroseas Ltd.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 29.21 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.)

Neither. (i) the obligations of any Party to the Facility Agent; nor nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 30.21 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (CMB.TECH Nv), Facilities Agreement (Euronav NV)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 28.21 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 31.16 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Loan Agreement (Hafnia LTD), Loan Agreement (Hafnia LTD)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 Section 15.22 (Amounts paid Paid in errorError) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 2 contracts

Sources: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings Inc.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 30.21 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).. 129 EUROPE/78937797v7

Appears in 1 contract

Sources: Term Loan Facility (Navios Maritime Partners L.P.)

Neither. (i) the obligations of any Party party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 14.11 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Term Loan Facilities Agreement

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 31 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (United Maritime Corp)

Neither. (i) the obligations of any Party to the Interim Facility Agent; nor (ii) the remedies of the Interim Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) or 24.19or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, which but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known know by the Interim Facility Agent or any other Party).

Appears in 1 contract

Sources: Interim Facilities Agreement

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 16.19 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing (including, without limitation, any obligation pursuant to which an Erroneous Payment is made) which, but for this paragraph (b), would reduce, release release, preclude or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Credit Agreement (CNH Industrial N.V.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 26.19 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Bridge Facility Agreement (Ses S.A.)

Neither. (i) the obligations of any Party to the Facility Agent; nor nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 25.20 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Loan Agreement (Euronav NV)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 28.17 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing (including, without limitation, any obligation pursuant to which an Erroneous Payment is made) which, but for this paragraph (b), would reduce, release release, preclude or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (IHS Holding LTD)

Neither. (i) the obligations of any Party to the Facility Agent; Agent nor (ii) the remedies of the Facility Agent, Agent (whether arising under this Clause 34.19 (Amounts paid in error) clause 34.5 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Senior Facilities Agreement (OpSec Holdings)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 28 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (Atlas Investissement)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 24.19 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (Ses S.A.)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 29 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Term Loan Facility (United Maritime Corp)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 29.21 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (Taylor Maritime Investments LTD)

Neither. (ia) the obligations of any Party to the Facility Agent; nor (iib) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 26.11 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Revolving Facility Agreement

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 (Amounts paid in error) 26.4 or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing (including, without limitation, any obligation pursuant to which an Erroneous Payment is made) which, but for this paragraph (be), would reduce, release release, preclude or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD)

Neither. (i) the obligations of any Party to the Facility Agent; nor (ii) the remedies of the Facility Agent, (whether arising under this Clause 34.19 30.21 (Amounts paid in error) or otherwise) which relate to an Erroneous Payment will be affected by any act, omission, matter or thing which, but for this paragraph (b), would reduce, release or prejudice any such obligation or remedy (whether or not known by the Facility Agent or any other Party).

Appears in 1 contract

Sources: Facility Agreement (Navios Maritime Partners L.P.)