Without limitation of the foregoing Sample Clauses

The clause "Without limitation of the foregoing" serves to clarify that the statements or obligations that follow are in addition to, and do not restrict, the preceding provisions. In practice, this means that any rights, duties, or remedies described after this phrase are supplemental and should not be interpreted as narrowing or limiting what has already been established earlier in the document. This clause ensures that the scope of the prior terms remains fully intact, preventing any unintended restriction or exclusion of previously stated rights or obligations.
POPULAR SAMPLE Copied 1 times
Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace Manager, without penalty or fee, if at any time during the Loan: (a) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default, or (c) there exists a default by Manager under the Management Agreement. At such time as the Manager may be removed, a Qualified Manager shall assume management of the Property pursuant to a Replacement Management Agreement.
View SourceView Similar (4)
Without limitation of the foregoing. Borrower shall cause Operating Lessee, upon the request of Lender and in accordance with the provisions of the applicable Assignment of Management Agreement, to terminate the Management Agreement and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default or (c) there exists an event of default by Manager under the Management Agreement. At such time as the Manager may be removed, provided no Event of Default has occurred, a Qualified Manager may be selected by Borrower and/or Operating Lessee to assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.
View SourceView Similar (2)
Without limitation of the foregoing. (a) In order to secure the full and punctual payment and performance of the Secured Obligations in accordance with the terms thereof, the New Guarantor hereby grants to the Agent for the ratable benefit of the Secured Parties (as defined in the Security Agreement) a continuing security interest in and to all of the Collateral (as defined in the Security Agreement) of the New Guarantor. (b) The New Guarantor hereby unconditionally guarantees the full and punctual payment (whether at stated maturity, upon acceleration or otherwise) of the principal of and interest on each Note and the full amount of all Letter of Credit Liabilities under the Credit Agreement, and the full and punctual payment of all other amounts payable by the Borrower or any other Obligor under the Loan Documents, [including without limitation all interest accruing before and after the commencement of any bankruptcy, insolvency or similar proceedings, whether or not allowed or allowable as a claim in such proceedings]. Upon failure by the Borrower or any other Obligor to pay punctually any such amount, each Guarantor agrees jointly and severally that it shall forthwith on demand pay the amount not so paid at the place and in the manner specified in the Credit Agreement or the other Loan Documents. (c) The New Guarantor represents that:
View Source
Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace Manager, without penalty or fee, if at any time during the Loan: (i) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (ii) there exists an Event of Default, (iii) there exists a default by Manager under the Management Agreement that continues beyond the expiration of any applicable notice and cure periods, (iv) Lender determines in its reasonable discretion that the Properties are not being managed in accordance with generally accepted management practices for properties similar to the Properties, or (v) the Debt Service Ratio Coverage for all of the Properties for the twelve (12) full calendar months immediately preceding the determination date is less than 1.15:1.00. At such time as the Manager may be removed, a Qualifying Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.
View Source
Without limitation of the foregoing. Borrower, upon the request of Lender, shall cause Operating Lessee to terminate the applicable Management Agreement and replace the applicable Manager with a Qualified Manager, without penalty or fee, if at any time during the Loan: (i) Manager shall become insolvent or a debtor in (I) any involuntary bankruptcy or insolvency proceeding that is not dismissed within ninety (90) days of the filing thereof, or (II) any voluntary bankruptcy or insolvency proceeding; (ii) there exists an Event of Default; or (iii) there exists a monetary or material non-monetary default by Manager beyond all applicable notice and cure periods under the Management Agreement. Additionally, at Lender’s option, Lender shall have the right to terminate the Management Agreement and replace Manager, without penalty or fee, if there exists an Event of Default which remains uncured and is continuing. At such time as such Manager may be removed, a Qualified Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.
View Source

Related to Without limitation of the foregoing

  • Application of this Agreement This Agreement applies to the Land and to the Development proposed in the Development Application, as may be modified.

  • LAW GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state or federal courts located in New York City, New York. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. The parties executing this Agreement and other agreements referred to herein or delivered in connection herewith on behalf of the Company agree to submit to the in personam jurisdiction of such courts and hereby irrevocably waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Registered Offering Transaction Documents by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

  • Duration of the contract framework agreement or dynamic purchasing system II.2.10) Information about variants II.2.11) Information about options

  • Duration of the Company The Company shall continue in perpetuity unless terminated sooner by operation of law or by decision of the Member.

  • Conditions to Obligation of the Company The obligation of the Company to effect the Merger is also subject to the satisfaction or waiver by the Company at or prior to the Effective Time of the following conditions: