Limitations as to Parties Sample Clauses

Limitations as to Parties. This Note and the other Loan Documents as pertaining to Borrower shall only be enforceable against Borrower and, notwithstanding anything to the contrary in this Note and/or the other Loan Documents, no present or future "Constituent Partner" (as defined herein) in or "Affiliate" (as defined herein) of Borrower, nor any Affiliate of any person that is or becomes a Constituent Partner in Borrower, shall be personally liable, directly or indirectly, under or in connection with this Note and/or the other Loan Documents, or any document, instrument or certificate securing or otherwise executed in connection with this Note and/or the other Loan Documents, or any amendments or modifications to any of the foregoing made at any time or times, heretofore or hereafter, or in respect of any matter, condition, injury or loss related to this Note and/or the other Loan Documents or the Project; and the Bank and each of its successors and assignees waives and does hereby waive any such personal liability. For purposes of this Note and/or the other Loan Documents, and any such documents, instruments and certificates, and any such amendments and modifications, neither the negative capital account of any Constituent Partner in Borrower, nor any obligation of any Constituent Partner in Borrower to restore a negative capital account or to contribute capital to Borrower or to any other Constituent Partner in Borrower, shall at any time be deemed to be the property of or an asset of Borrower or such other Constituent Partner and neither the Bank nor any of its successors or assignees shall have any right to collect, enforce or proceed against or with respect to any such negative capital account or a Constituent Partner's obligation to restore or contribute. As used in this Paragraph, a "Constituent Partner" in Borrower shall mean any direct partner or member in Borrower and any person that is a partner or member in any partnership or limited liability company that, directly or indirectly, through one or more other partnerships or limited liability companies, is a partner or member in Borrower. As used herein, "person" means any individual, partnership, corporation, limited liability company, trust or other entity. "Affiliate" of a specified person or entity for the purposes of this Note or the other Loan Documents, means (i) a director, trustee, officer, employee, agent, partner, member, shareholder, subsidiary, or attorney of such entity, or (ii) a person or entity which (eith...
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Limitations as to Parties. Section 14 of the Note is hereby made a part of this Assignment to the same extent and with the same effect as if fully set forth herein.
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Related to Limitations as to Parties

  • General Provisions as to Payments (a) The Borrower shall make each payment of principal of, and interest on, the Loans and of fees hereunder, not later than 12:00 Noon (New York City time) on the date when due, in Federal or other funds immediately available in New York City, to the Agent at its address referred to in Section 9.01. The Agent will promptly distribute to each Bank its ratable share of each such payment received by the Agent for the account of the Banks. Whenever any payment of principal of, or interest on, the Domestic Loans or of fees shall be due on a day which is not a Domestic Business Day, the date for payment thereof shall be extended to the next succeeding Domestic Business Day. Whenever any payment of principal of, or interest on, the Euro-Dollar Loans shall be due on a day which is not a Euro-Dollar Business Day, the date for payment thereof shall be extended to the next succeeding Euro-Dollar Business Day unless such Euro-Dollar Business Day falls in another calendar month, in which case the date for payment thereof shall be the next preceding Euro-Dollar Business Day. Whenever any payment of principal of, or interest on, the Money Market Loans shall be due on a day which is not a Euro-Dollar Business Day, the date for payment thereof shall be extended to the next succeeding Euro-Dollar Business Day. If the date for any payment of principal is extended by operation of law or otherwise, interest thereon shall be payable for such extended time.

  • ARTICLE IX GENERAL PROVISIONS 56 9.1 Survival of Representations.................................................................. 56 9.2

  • Representations, Warranties and Agreements to Survive All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company and (ii) delivery of and payment for the Securities.

  • Certain General Provisions 30 5.1. Closing Fee..........................................................................30 5.2. Agent's Fee..........................................................................30 5.3.

  • General Provisions Applicable to Loans 49 5.1 Fees............................................................. 49 5.2 Interest Rates and Payment Dates................................. 50 5.3

  • Incorporation of Plan Provisions These Terms and Conditions and the Agreement are made pursuant to the Plan, the provisions of which are hereby incorporated by reference. Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in the Plan. In the event of a conflict between the terms of these Terms and Conditions and the Agreement and the Plan, the terms of the Plan shall govern.

  • Limitations on Use of Information The Fund agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Intermediary.

  • Miscellaneous and General 9.1. Survival.....................................................................49 9.2. Modification or Amendment....................................................50 9.3.

  • Representations and Indemnities to Survive The respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Underwriters set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 8 hereof, and will survive delivery of and payment for the Securities. The provisions of Sections 7 and 8 hereof shall survive the termination or cancellation of this Agreement.

  • Information as to Company 10 7.1. Financial and Business Information............................................................... 10 7.2. Officer’s Certificate ........................................................................................ 12 7.3. Inspection ....................................................................................................... 12 8.

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