Common use of Limited Obligation Clause in Contracts

Limited Obligation. THIS NOTE IS A SPECIAL, LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER PAYABLE, AS TO PRINCIPAL, PREMIUM, IF ANY, AND INTEREST SOLELY FROM THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL CONSTITUTE A VALID CLAIM OF THE OWNER OR OWNERS THEREOF AGAINST THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT, WHICH ARE PLEDGED TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS NOTE, AND WHICH SHALL BE USED FOR NO OTHER PURPOSE EXCEPT AS EXPRESSLY AUTHORIZED IN THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE OF THE GOVERNMENTAL LENDER PLEDGED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTITUTE AN INDEBTEDNESS OR A MULTIPLE FISCAL-YEAR FINANCIAL OBLIGATION WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER FROM THE SOURCES IDENTIFIED IN THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER THE FUNDING LOAN AGREEMENT. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE OF THIS NOTE. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS NOTE, OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETO, AGAINST ANY MEMBER, COMMISSIONER, OFFICER, EMPLOYEE OR AGENT, AS SUCH, OF THE OBLIGOR OR ANY SUCCESSOR, WHETHER BY VIRTUE OF ANY CONSTITUTION, STATUTE OR RULE OF LAW, OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, ALL SUCH LIABILITY BEING, BY THE ACCEPTANCE OF THIS NOTE AND AS PART OF THE CONSIDERATION FOR THE ISSUE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASED.

Appears in 1 contract

Samples: Funding Loan Agreement

AutoNDA by SimpleDocs

Limited Obligation. THIS NOTE IS NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, ANY OBLIGATION THAT THE GOVERNMENTAL LENDER MAY INCUR UNDER THE FUNDING LOAN AGREEMENT OR UNDER ANY INSTRUMENT EXECUTED IN CONNECTION THEREWITH THAT SHALL ENTAIL THE EXPENDITURE OF MONEY SHALL NOT BE A SPECIAL, LIMITED GENERAL OBLIGATION OF THE GOVERNMENTAL LENDER PAYABLELENDER, AS TO PRINCIPAL, PREMIUM, IF ANY, AND INTEREST BUT SHALL BE A LIMITED OBLIGATION PAYABLE SOLELY FROM THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENTSECURITY. THIS NOTE SHALL CONSTITUTE A VALID CLAIM OF THE OWNER OR OWNERS THEREOF HOLDER HEREOF AGAINST THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENTSECURITY, WHICH ARE IS PLEDGED TO SECURE THE PAYMENT OF THE PRINCIPAL OF PRINCIPAL, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE, NOTE AND WHICH SHALL BE USED UTILIZED FOR NO OTHER PURPOSE PURPOSE, EXCEPT AS EXPRESSLY AUTHORIZED IN THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER PLEDGED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTITUTE AN INDEBTEDNESS OR A MULTIPLE FISCAL-YEAR FINANCIAL OBLIGATION WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT GIVING RISE TO NO CHARGE AGAINST THE GOVERNMENTAL LENDER FROM LENDER’S GENERAL CREDIT AND PAYABLE SOLELY FROM, AND CONSTITUTE CLAIMS OF THE SOURCES IDENTIFIED IN HOLDERS THEREOF AGAINST ONLY, THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL PRINCIPAL OFPLEDGED SECURITY. PRINCIPAL, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE SHALL NOT BE PAYABLE OUT DEEMED TO CONSTITUTE DEBT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER (EXCEPT TO THE FUNDING LOAN AGREEMENTEXTENT OF THE PLEDGED SECURITY). THIS NOTE IS NOT AND DOES NOT CREATE OR CONSTITUTE IN ANY WAY AN OBLIGATION, A DEBT OR A LIABILITY OF THE STATE OF TEXAS OR ANY POLITICAL SUBDIVISION THEREOF, OR CREATE OR CONSTITUTE A PLEDGE, GIVING OR LENDING OF THE FAITH, CREDIT, OR TAXING POWER OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE OF THIS NOTE. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE PREMIUM, IF ANY, OR INTEREST ON THIS NOTE, NOTE OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETOSUPPLEMENTAL FUNDING LOAN AGREEMENT, AGAINST THE GENERAL CREDIT OF THE GOVERNMENTAL LENDER OR AGAINST ANY PAST, PRESENT OR FUTURE GOVERNING BOARD MEMBER, COMMISSIONERDIRECTOR, OFFICER, AGENT OR EMPLOYEE OF THE GOVERNMENTAL LENDER, OR AGENTOF ANY SUCCESSOR TO THE GOVERNMENTAL LENDER, AS SUCH, OF EITHER DIRECTLY OR THROUGH THE OBLIGOR GOVERNMENTAL LENDER OR ANY SUCCESSORSUCCESSOR TO THE GOVERNMENTAL LENDER, WHETHER BY VIRTUE UNDER ANY RULE OF ANY CONSTITUTIONLAW OR EQUITY, STATUTE OR RULE OF LAW, CONSTITUTION OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, AND ALL SUCH LIABILITY BEINGOF ANY SUCH GOVERNING BOARD MEMBERS, BY DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES, AS SUCH, IS HEREBY EXPRESSLY WAIVED AND RELEASED AS A CONDITION OF, AND CONSIDERATION FOR, THE ACCEPTANCE OF THIS NOTE EXECUTION AND AS PART OF THE CONSIDERATION FOR THE ISSUE ISSUANCE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASED.

Appears in 1 contract

Samples: Funding Loan Agreement

Limited Obligation. Notwithstanding any other provision of the Funding Loan Agreement or this Note to the contrary: THIS NOTE IS EXECUTED AND DELIVERED PURSUANT TO THE COUNTY AUTHORIZATION, THE RESOLUTION AND IN ACCORDANCE WITH THE ACT, AND IS A SPECIAL, LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER PAYABLEOBIGOR. NEITHER THE OBLIGOR NOR ANY OFFICIAL OR EMPLOYEE OF THE OBLIGOR NOR ANY PERSON EXECUTING THIS NOTE SHALL BE LIABLE PERSONALLY ON THIS NOTE OR BE SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF ITS EXECUTION, AS DELIVERY AND PLACEMENT. THIS NOTE AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE OBLIGOR, PAYABLE ONLY FROM THE SOURCES DESCRIBED IN THE FUNDING LOAN AGREEMENT. NEITHER THE OBLIGOR, THE STATE NOR ANY OTHER POLITICAL CORPORATION OR SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PRINCIPALPAY THE PRINCIPAL OF THIS NOTE, PREMIUM, IF ANY, AND OR THE INTEREST SOLELY THEREON OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE MONEY PLEDGED REVENUES THEREFOR. NEITHER THE FAITH AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER CREDIT NOR THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL CONSTITUTE A VALID CLAIM TAXING POWER OF THE OWNER OR OWNERS THEREOF AGAINST THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT, WHICH ARE PLEDGED TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS NOTE, AND WHICH SHALL BE USED FOR NO OTHER PURPOSE EXCEPT AS EXPRESSLY AUTHORIZED IN THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE STATE NOR ANY POLITICAL CORPORATION OR SUBDIVISION OR AGENCY THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE THE FAITH AND CREDIT OF THE GOVERNMENTAL LENDER OBLIGOR IS PLEDGED UNDER TO THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTITUTE AN INDEBTEDNESS OR A MULTIPLE FISCAL-YEAR FINANCIAL OBLIGATION WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER FROM THE SOURCES IDENTIFIED IN THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL THE PRINCIPAL OF, PREMIUM, IF ANY, AND OR INTEREST ON THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER THE FUNDING LOAN AGREEMENTCOSTS INCIDENT THERETO. THE GOVERNMENTAL LENDER OBLIGOR HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY THIS NOTE IS NOT A DEBT OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE UNITED STATES OF THIS NOTEAMERICA. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS NOTE, OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETO, AGAINST ANY MEMBER, COMMISSIONER, OFFICER, EMPLOYEE OR AGENT, AS SUCH, OF THE OBLIGOR OR ANY SUCCESSOR, WHETHER BY VIRTUE OF ANY CONSTITUTION, STATUTE OR RULE OF LAW, OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, ALL SUCH LIABILITY BEING, BY THE ACCEPTANCE OF THIS NOTE AND AS PART OF THE CONSIDERATION FOR THE ISSUE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASED.[SIGNATURE PAGE FOLLOWS]

Appears in 1 contract

Samples: Funding Loan Agreement

Limited Obligation. THIS NOTE IS A SPECIAL, LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER PAYABLE, AS TO ISSUER COVENANTS THAT IT WILL PROMPTLY PAY THE PRINCIPAL, PREMIUM, IF ANY, AND INTEREST ON EVERY BOND ISSUED UNDER THIS INDENTURE AT THE PLACE, ON THE DATE AND IN THE MANNER PROVIDED HEREIN AND IN THE BONDS ACCORDING TO THE TRUE INTENT AND MEANING THEREOF, BUT SOLELY FROM THE AMOUNTS PLEDGED REVENUES THEREFOR WHICH ARE TO BE PAID UNDER THE LOAN AGREEMENT AND THE NOTE AND OTHERWISE AS PROVIDED HEREIN AND IN THE LOAN AGREEMENT AND THE NOTE, WHICH AMOUNTS ARE HEREBY SPECIFICALLY PLEDGED TO THE PAYMENT THEREOF IN THE MANNER AND TO THE EXTENT HEREIN SPECIFIED, AND NOTHING IN THE BONDS OR IN THIS INDENTURE SHALL BE CONSTRUED AS PLEDGING ANY OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL CONSTITUTE A VALID CLAIM OR ASSETS OF THE OWNER OR OWNERS THEREOF AGAINST ISSUER. NEITHER THE PLEDGED REVENUES AND STATE, THE ISSUER NOR ANY OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER POLITICAL SUBDIVISION OF THE FUNDING LOAN AGREEMENT, WHICH ARE PLEDGED TO SECURE STATE SHALL IN ANY EVENT BE LIABLE FOR THE PAYMENT OF THE PRINCIPAL OF AND OR PURCHASE PRICE OF, REDEMPTION OR PURCHASE PREMIUM, IF ANY, OR INTEREST ON THIS NOTEANY OF THE BONDS OR FOR THE PERFORMANCE OF ANY PLEDGE, AND WHICH SHALL BE USED FOR OBLIGATION OR AGREEMENT UNDERTAKEN BY THE ISSUER EXCEPT TO THE EXTENT THAT MONEYS PLEDGED HEREIN ARE SUFFICIENT THEREFOR. NO OTHER PURPOSE EXCEPT AS EXPRESSLY AUTHORIZED IN OWNER OF THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS BONDS WILL HAVE THE RIGHT TO COMPEL ANY EXERCISE OF TAXING POWER OF THE ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOFTHEREOF TO PAY THE BONDS OR THE INTEREST THEREON, AND NEITHER THE BONDS DO NOT CONSTITUTE AN INDEBTEDNESS NOR A LOAN OF THE CREDIT OF THE ISSUER, THE STATE NOR OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE OF THE GOVERNMENTAL LENDER PLEDGED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTITUTE AN INDEBTEDNESS OR A MULTIPLE FISCAL-YEAR FINANCIAL OBLIGATION WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER FROM THE SOURCES IDENTIFIED IN THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER THE FUNDING LOAN AGREEMENT. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE OF THIS NOTE. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS NOTE, OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETO, AGAINST ANY MEMBER, COMMISSIONER, OFFICER, EMPLOYEE OR AGENT, AS SUCH, OF THE OBLIGOR OR ANY SUCCESSOR, WHETHER BY VIRTUE OF ANY CONSTITUTION, STATUTE OR RULE OF LAW, OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, ALL SUCH LIABILITY BEING, BY THE ACCEPTANCE OF THIS NOTE AND AS PART OF THE CONSIDERATION FOR THE ISSUE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASEDPROVISION.

Appears in 1 contract

Samples: Sterigenics International

AutoNDA by SimpleDocs

Limited Obligation. THIS Notwithstanding any other provision of this Funding Loan Agreement to the contrary: THE GOVERNMENTAL LENDER NOTE IS ISSUED PURSUANT TO THE LAW AND IN ACCORDANCE WITH THE ACT, AND IS A SPECIAL, LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER. NEITHER THE CITY COUNCIL OF THE GOVERNMENTAL LENDER PAYABLENOR ANY OFFICIAL OR EMPLOYEE OF THE GOVERNMENTAL LENDER NOR ANY PERSON EXECUTING THE GOVERNMENTAL LENDER NOTE SHALL BE LIABLE PERSONALLY ON THE GOVERNMENTAL LENDER NOTE OR SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF ITS ISSUANCE. THE GOVERNMENTAL LENDER NOTE AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE GOVERNMENTAL LENDER, AS TO PRINCIPAL, PREMIUM, IF ANY, AND INTEREST PAYABLE SOLELY FROM THE PLEDGED REVENUES AND ANY OTHER REVENUES, FUNDS AND MONEYS ASSETS PLEDGED UNDER THIS INDENTURE AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL CONSTITUTE A VALID CLAIM NOT FROM ANY OTHER REVENUES, FUNDS OR ASSETS OF THE OWNER GOVERNMENTAL LENDER. NEITHER THE GOVERNMENTAL LENDER, THE STATE NOR ANY OTHER POLITICAL CORPORATION OR OWNERS SUBDIVISION OR AGENCY THEREOF AGAINST THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER THE FUNDING LOAN AGREEMENT, WHICH ARE PLEDGED SHALL BE OBLIGATED TO SECURE THE PAYMENT OF PAY THE PRINCIPAL OF THE GOVERNMENTAL LENDER NOTE OR THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE MONEY PLEDGED THEREFOR. NEITHER THE FAITH AND INTEREST ON THIS NOTE, AND WHICH SHALL BE USED FOR NO OTHER PURPOSE EXCEPT AS EXPRESSLY AUTHORIZED IN CREDIT NOR THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS TAXING POWER OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE STATE NOR ANY POLITICAL CORPORATION OR SUBDIVISION OR AGENCY THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE THE FAITH AND CREDIT OF THE GOVERNMENTAL LENDER IS PLEDGED UNDER TO THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTITUTE AN INDEBTEDNESS OR A MULTIPLE FISCAL-YEAR FINANCIAL OBLIGATION WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER FROM THE SOURCES IDENTIFIED IN THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL THE PRINCIPAL OF, PREMIUM, IF ANY, AND OR INTEREST ON THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER THE FUNDING LOAN AGREEMENTNOTE OR OTHER COSTS INCIDENT THERETO. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY NOTE IS NOT A DEBT OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE UNITED STATES OF THIS NOTE. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS NOTE, OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETO, AGAINST ANY MEMBER, COMMISSIONER, OFFICER, EMPLOYEE OR AGENT, AS SUCH, OF THE OBLIGOR OR ANY SUCCESSOR, WHETHER BY VIRTUE OF ANY CONSTITUTION, STATUTE OR RULE OF LAW, OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, ALL SUCH LIABILITY BEING, BY THE ACCEPTANCE OF THIS NOTE AND AS PART OF THE CONSIDERATION FOR THE ISSUE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASEDAMERICA.

Appears in 1 contract

Samples: Funding Loan Agreement

Limited Obligation. THIS NOTE IS A SPECIAL, LIMITED OBLIGATION OF THE GOVERNMENTAL LENDER PAYABLELENDER, AS TO PRINCIPAL, PREMIUM, IF ANY, AND INTEREST PAYABLE SOLELY FROM THE PLEDGED REVENUES AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER SECURITY. NONE OF THE GOVERNMENTAL LENDER, THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER, TO THE LIMITED EXTENT SET FORTH HEREIN) NOR ANY PUBLIC AGENCY SHALL IN ANY EVENT BE LIABLE FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM (IF ANY) OR INTEREST ON THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL CONSTITUTE A VALID CLAIM OR FOR THE PERFORMANCE OF THE OWNER ANY PLEDGE, OBLIGATION OR OWNERS THEREOF AGAINST THE PLEDGED REVENUES AGREEMENT OF ANY KIND WHATSOEVER WITH RESPECT THERETO EXCEPT AS SET FORTH HEREIN AND OTHER FUNDS AND MONEYS AND SECURITY PLEDGED AND ASSIGNED UNDER IN THE FUNDING LOAN AGREEMENT, WHICH ARE PLEDGED TO SECURE THE PAYMENT AND NONE OF THE PRINCIPAL OF AND INTEREST ON THIS NOTE, AND WHICH SHALL BE USED FOR NO OTHER PURPOSE EXCEPT AS EXPRESSLY AUTHORIZED IN THE FUNDING LOAN AGREEMENT. OR THIS NOTE OR ANY OF THE GOVERNMENTAL LENDER’S AGREEMENTS OR OBLIGATIONS WITH RESPECT TO THE FUNDING LOAN OR THIS NOTE SHALL NOT BE A DEBT OR INDEBTEDNESS OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE THEREON, NOR IN ANY EVENT SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN THOSE OF THE GOVERNMENTAL LENDER PLEDGED UNDER THE FUNDING LOAN AGREEMENT. THIS NOTE SHALL NOT CONSTRUED TO CONSTITUTE AN INDEBTEDNESS OF OR A MULTIPLE FISCAL-YEAR FINANCIAL PLEDGE OF THE FAITH AND CREDIT OF OR A LOAN OF THE CREDIT OF OR A MORAL OBLIGATION OF ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION. NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT THE GOVERNMENTAL LENDER FROM THE SOURCES IDENTIFIED IN THE FUNDING LOAN AGREEMENT) SHALL BE LIABLE FOR PAYMENT OF THIS NOTE NOR IN ANY EVENT SHALL PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR ASSETS OTHER THAN THOSE PLEDGED TO THAT PURPOSE BY THE GOVERNMENTAL LENDER UNDER THE FUNDING LOAN AGREEMENT. THE GOVERNMENTAL LENDER HAS NO TAXING POWER. NO DIRECTOR, OFFICER, AGENT, EMPLOYEE OR ATTORNEY OF THE OBLIGOR, INCLUDING ANY PERSON EXECUTING THE FUNDING LOAN AGREEMENT OR THIS NOTE, SHALL BE LIABLE PERSONALLY ON THIS NOTE OR FOR ANY REASON RELATING TO THE ISSUANCE OF THIS NOTEPROVISION WHATSOEVER. NO RECOURSE SHALL BE HAD FOR THE PAYMENT OF THE PRINCIPAL OF OR THE PREMIUM OR INTEREST ON THIS NOTE, OR FOR ANY CLAIM BASED ON THIS NOTE, OR OTHERWISE IN RESPECT OF THIS NOTE, OR BASED ON OR IN RESPECT OF THE FUNDING LOAN AGREEMENT OR ANY SUPPLEMENTS AND AMENDMENTS THERETO, NOTE AGAINST ANY PAST, PRESENT OR FUTURE OFFICER, BOARD MEMBER, COMMISSIONER, OFFICER, EMPLOYEE OR AGENTAGENT OF THE GOVERNMENTAL LENDER, OR OF ANY SUCCESSOR TO THE GOVERNMENTAL LENDER, AS SUCH, OF EITHER DIRECTLY OR THROUGH THE OBLIGOR GOVERNMENTAL LENDER OR ANY SUCCESSORSUCCESSOR TO THE GOVERNMENTAL LENDER, WHETHER BY VIRTUE UNDER ANY RULE OF ANY CONSTITUTIONLAW OR EQUITY, STATUTE OR RULE OF LAW, CONSTITUTION OR BY THE ENFORCEMENT OF ANY ASSESSMENT OR PENALTY OR OTHERWISE, AND ALL SUCH LIABILITY BEINGOF ANY SUCH OFFICERS, BY BOARD MEMBERS, EMPLOYEES OR AGENTS, AS SUCH, IS HEREBY EXPRESSLY WAIVED AND RELEASED AS A CONDITION OF, AND CONSIDERATION FOR, THE ACCEPTANCE OF THIS NOTE EXECUTION AND AS PART OF THE CONSIDERATION FOR THE ISSUE ISSUANCE OF THIS NOTE, EXPRESSLY WAIVED AND RELEASED. THIS NOTE HAS BEEN ISSUED IN ACCORDANCE WITH THE ACT.

Appears in 1 contract

Samples: Funding Loan Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.