Nothing in Section 11 Sample Clauses

Nothing in Section 11. 05(a) affects the Collateral Agent’s rights and remedies against the Developer and the Developer’s Interest under the Initial Project Financing Agreements and Financing Assignments or the procedures available to the Collatera...
Sample 1
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Nothing in Section 11. 9.1 shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after the proceeding provided for in Section 11.9.1, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 11.9.2.2. The parties shall accept as correct, final, binding and conclusive the determination by the outside accountants then employed by the Company as to the calculation of any and all amounts owed by one party to the other hereunder, and such determination shall not be subject to the provisions of Section 11.9.1.
Sample 1
Nothing in Section 11. 1.1 or 11.1.2 precludes:
Sample 1
Nothing in Section 11. 1.1 will, or will be construed to, prevent a claim brought under the R&W Insurance Policy against the issuer thereof. The Buyer has provided BSI with a true and complete copy of the R&W Insurance Policy. The Buyer has caused, and shall continue to cause, the R&W Insurance Policy to provide that the insurer thereunder shall have no subrogation or other similar rights against any Seller or any of their respective Affiliates, except solely in the case of Fraud. The Buyer shall not amend the subrogation or third party beneficiary provisions contained in the R&W Insurance Policy or otherwise amend, modify, or waive any provision of the R&W Insurance Policy in a manner that would reasonably be expected to have an adverse effect on the Sellers or any of their respective Affiliates, in each case without the prior written consent of BSI. Except to the extent set forth in Transaction Expenses, the Buyer shall be solely responsible for the premium and any related taxes, fees, costs and expenses of or for the R&W Insurance Policy.
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Nothing in Section 11. 1 shall prevent the Seller or any member of the Retained Group from acquiring any company or business or acquiring an interest in such company or business whether as principal, agent,
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Nothing in Section 11. 1.2 shall prevent the Seller or any member of the Retained Group from offering employment to any of the employees
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Nothing in Section 11. 9.1 shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after the proceeding provided for in Section 11.9.1, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
Sample 1
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Nothing in Section 11. 1.1 shall prevent any Seller from using or disclosing any such Confidential Information (i) as counsel to such Seller advises must be used or disclosed in connection with ongoing litigation or pursuant to applicable law, notice of which disclosure shall be promptly delivered to Buyer, (ii) to governmental agencies, including taxing authorities, or (iii) to such Seller’s legal, financial or other representatives for purposes of evaluating this Agreement. The term “Confidential Information” shall not include information which is or becomes published or otherwise available in the public domain.
Sample 1

Related to Nothing in Section 11

  • Pursuant to Section 2.1 of this Agreement, the Seller conveyed to the Trust all of the Seller’s right, title and interest in its rights and benefits, but none of its obligations or burdens, under the Purchase Agreement including the Seller’s rights under the Purchase Agreement and the delivery requirements, representations and warranties and the cure or repurchase obligations of AmeriCredit thereunder. The Seller hereby represents and warrants to the Trust that such assignment is valid, enforceable and effective to permit the Trust to enforce such obligations of AmeriCredit under the Purchase Agreement. Any purchase by AmeriCredit pursuant to the Purchase Agreement shall be deemed a purchase by the Seller pursuant to this Section 3.2 and the definition of Purchased Receivable.

  • Pursuant to Section 3 03 of the Indenture Supplement, on each Distribution Date, the Indenture Trustee shall deposit into the Class A(2016-5) Interest Funding sub-Account the portion of Card Series Finance Charge Amounts allocable to the Class A(2016-5) Notes.

  • Pursuant to Section 2 1.(b) of the Credit Agreement, the Borrower hereby requests that the Lenders make Revolving Loans to the Borrower in an aggregate principal amount equal to $ .

  • Pursuant to Section 4 01, any amounts collected by a Servicer or the Master Servicer under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with the related Servicing Agreement) shall be deposited into the Distribution Account, subject to withdrawal pursuant to Section 4.03. Any cost incurred by the Master Servicer or the related Servicer in maintaining any such insurance (if the Mortgagor defaults in its obligation to do so) shall be added to the amount owing under the Mortgage Loan where the terms of the Mortgage Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Sections 4.01 and 4.03.

  • Pursuant to Section 5 10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into the Guarantee Agreement as Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery, after the date hereof, by the Administrative Agent and such Subsidiary of an instrument in the form of Annex I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

  • Pursuant to Section 7 01 (h) of the General Conditions, the following additional events are specified:

  • Pursuant to Section 6 2(a) of the Collateral Agency Agreement and subject to the conditions set forth in Section 13.1(b), the Initial Beneficiary hereby designates a portion of the Closed-End Units included in the Revolving Pool for allocation to a new Reference Pool, referred to as the "20[ ]-[ ] Reference Pool," within the Closed-End Collateral Specified Interest. Upon the effectiveness of this Exchange Note Supplement, the Initial Beneficiary shall direct the Titling Trustee and the Closed-End Collateral Agent to allocate or cause to be identified and allocated on their respective books and records the "20[ ]-[ ] Reference Pool," to be separately accounted for and held in trust independently from any other Asset Pool. Such Reference Pool shall initially include the Closed-End Units identified on Schedule 1 to this Exchange Note Supplement, which Closed-End Units shall belong exclusively to the 20[ ]-[ ] Reference Pool, and all other Titling Trust Assets to the extent related to such Closed-End Units (other than cash which does not constitute Closed-End Collections received after the Cut-Off Date, as specified in Section 13.2(a)(iii)); provided, that, any Closed-End Collections received on or prior to the Cut-Off Date for any such Closed-End Units identified on Schedule 1 shall not be allocated to the 20[ ]-[ ] Reference Pool.

  • Pursuant to Section 2271 002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Respondent refuses to make that certification, Respondent shall state here any facts that make it exempt from the boycott certification: .

  • Term Section Buyer Preamble Buyer Common Stock 2.06(i) Buyer Common Stock Redemption !‎6.04 Buyer 401(k) Plan 9.02(g) Buyer Plans 9.02(c)(i) Buyer Preferred Stock 4.09 Buyer Purchase Price Common Stock 2.06(i) Buyer Securities 2.06(iv) Buyer Takeback Paper 2.06(iii) Buyer Warrants 2.06(ii) CBAs 10.02(i) Closing 2.08 CM 7.12(a)(ii) Closing Date Coal Inventory Volume 2.07(b) Credit Release Recitals Consent Decrees 3.08(d) CoreCo 1.03(a) Cure Costs 2.05(a) Delaware Courts 12.07 Designated Buyer 2.15 Dispute Notice 2.11(b) e-mail 12.01 Effective Date Preamble End Date 11.01(b) Equipment and Fixed Assets 2.01(c) Excluded Assets 2.02 Excluded Contracts 2.02(m)(ii) Excluded Leases 2.02(l) Excluded Liabilities 2.04 Excluded Xxxxxxxx Complex Owned Property 7.12(a) Excluded Off-Site Environmental Liabilities 2.04(s) Excluded Pre-Closing Fines 2.03(b)(iv) FCPA 3.21 Final Working Capital Adjustment 2.11(c) Financial Statements 3.11 GUC Distribution Note 2.06(iv) Included Cash 2.01(d) Insurance Policies 3.15 Interim Period 7.03(a)(v) Inventory Inspector 2.07(a) Licenses 3.07(a) Term Section Litigation 3.16(a) Liquidity Condition 10.02(f) Material Contract 3.10(a) Minimum Coal Inventory Condition 10.02(e) Mining Rights 7.12(a)(ii)(B) Xxxxxxxx Complex Coal Sublease 7.12(a) Xxxxxxxx Complex Deeds 7.12(a) NonCoreCo 1.03(b) Non-Party Affiliates 12.16 Offered Employees 9.02(a) Off-Site Coal Inventory 2.07(b) Overlapping Permit Property 7.03(f) Overlapping Transferred Permits/Licenses 7.03(f) Party Preamble Permits 3.07(a) Petition Date Recitals Post-Closing Restructuring Steps Recitals Pre-Closing Restructuring Steps Recitals Proposed Final Closing Statement 2.11(a) Purchase Price 2.06 Purchased Assets 2.01 Purchased Intellectual Property 2.01(m) Purchased Leased Real Property 2.01(b)(ii) Reference Date 3.12 Removed Asset 2.05(c) ReorgCo Preamble ReorgCo Parent Recitals ReorgCo Transfers Recital Retained Seller IP 5.04(b) Restructuring Steps Recitals Section 1113(c) Motion 10.02(i) Sellers Preamble Seller Name 5.04(a) Sellers’ Representative Preamble Specifically Excluded Assets 2.02(k) Specified Assets 5.13(c) Subsidiary Transfers Recitals Transfer Taxes 8.01(b) Transferred Employees 9.02(a) Transferred Permits/Licenses 2.01(i) UMWA 2.03(d) Term Section WARN Act 7.05

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

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