Common use of Payment of Liabilities Clause in Contracts

Payment of Liabilities. To the extent that there are available Trust Assets in the Trust, the Trust hereby agrees to assume all Liabilities of the Partnership on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption made in this paragraph, the Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall resort be had to the private property of such Persons or to any other Trust Assets, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the Partnership’s available Trust Assets in the Trust.

Appears in 13 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Ii), Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iv)

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Payment of Liabilities. To the ------------------------ extent that there are available Trust Assets in the Trust, the Trust hereby agrees to assume all Liabilities of the Partnership on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Partnership's Trust Assets or as a result of the assumption made in this paragraph, the Trustee may use such part of the Partnership's Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall resort be had to the private property of such Persons or to any other Partnership's Trust Assets, in the event the Partnership's Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the such Partnership’s 's available Trust Assets in the Trust.

Appears in 11 contracts

Samples: Liquidating Trust Agreement (American Income Partners v a LTD Partnership), Liquidating Trust Agreement (American Income Partners v C LTD Partnership), Liquidating Trust Agreement (Airfund International Limited Partnership)

Payment of Liabilities. To the extent that there are available Trust Assets in the Trust, the The Trust hereby agrees to assume all Liabilities of the Partnership on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption made in this paragraphof the Liabilities, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall resort be had to the private any personal property of such Persons or to any other Trust AssetsAssets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the Partnership’s available Trust Assets in the Trust.

Appears in 5 contracts

Samples: Liquidating Trust Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Liquidating Trust Agreement (Icon Income Fund Eight B Lp), Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Payment of Liabilities. To the ------------------------ extent that there are available Trust Assets in the Trust, the Trust hereby agrees to assume all Liabilities of the Partnership on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption made in this paragraph, the Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall resort be had to the private property of such Persons or to any other Trust Assets, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the Partnership’s 's available Trust Assets in the Trust.

Appears in 3 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Iii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iii)

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Payment of Liabilities. To the extent that there are available Trust Assets in the Trust, the Trust hereby agrees to assume all Liabilities of the Partnership Company on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption made in this paragraph, the Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall resort be had to the private property of such Persons or to any other Trust Assets, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the PartnershipCompany’s available Trust Assets in the Trust.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Professional Lease Management Income Fund I LLC)

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