Nothing in Section 11 Sample Clauses

Nothing in Section 11. 1.1 or 11.1.2 precludes:
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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...
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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.
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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.
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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. 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. 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.
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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 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 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 9 02 of the ------------ ------------------------- Existing Indenture, Section 4.10 of the Existing Indenture is hereby amended and restated in its entirety to read as follows:

  • Term Section First Effective Time 1.3(a) First Merger Recitals Fully Diluted Basis 8.1(u) Governmental Authorizations 3.3 HoldCo Preamble HoldCo Certificate of Incorporation 1.5(d) Indemnified Parties 5.8(a) Insurance Policies 3.23 Intended Tax Treatment 1.7 IRS 3.13(b) Legacy Sale Recitals Legal Actions 3.11 Liabilities 3.9 Maximum Company Liability Amount 7.6(d)(ii) Maximum Parent Liability Amount 7.6(d)(i) MBCA Recitals Merger Sub I Preamble Merger Sub II Preamble Parent Financial Advisor 4.25 Parent Preamble Parent Adverse Recommendation Change 5.4(c)(v) Parent Benefit Plan 4.14(a) Parent Board Recitals Parent Board Recommendation Recitals Parent Book-Entry Shares 2.1(d) Parent Cash Consideration 2.1(a)(i) Parent Disclosure Letter Article IV Parent Entities Preamble Parent Insurance Policies 4.24 Parent Intellectual Property 4.18(a) Parent Material Contract 4.13(a) Parent Merger Consideration 2.1(a)(i) Parent Organizational Documents 4.2 Parent Owned Intellectual Property 4.18(b) Parent Permits 4.20(a) Parent Real Property 4.19(a) Parent Real Property Leases 4.19(b) Parent Registered IP 4.18(a) Parent Registration Statement 4.3(b) Parent Related Parties 7.6(d)(i) Parent Response Action 5.2 Parent RSU Award 2.3(b) Parent SEC Reports 4.8(a) Parent Share Consideration 2.1(a)(i) Parent Stock Certificates 2.1(d) Term Section Parent Stock Option 2.3(a) Parent Surviving Company 1.1(a) Parent Termination Fee 7.6(b) Parent Voting Agreement Recitals Permits 3.19(a) Predecessor 8.1(ww) Registered IP 3.17(a) Residual Shares 2.3(d) Rights Agent Recitals SEC 4.3(b) Second Certificate of Merger 1.3(b) Second Effective Time 1.3(b) Second Merger Recitals Shareholder Litigation 5.17(a) Stock Equivalent 8.1(fff) Surviving Company 1.1(b) Termination Date 7.2(a) Transactions Recitals WARN Act 3.14(c)

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