Without limiting the generality of Subsection Sample Clauses

Without limiting the generality of Subsection. (a) of this Section and notwithstanding any other provision contained herein, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (3) release any Person liable in any manner for the collection or payment of Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Company and any other Person; provided, however, that in no event shall any such actions limit the right of the Holders of the Securities to take any action to accelerate the maturity of the Securities in accordance with the provisions set forth in Article Five or to pursue any rights or remedies under this Indenture or under applicable laws if the taking of such action does not otherwise violate the terms of this Article.
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Without limiting the generality of Subsection. 6.3.1, Lessee agrees to and shall comply with all applicable equal employment opportunity and nondiscrimination laws of the United States, the State of Washington, and The City of Seattle, including but not limited to Chapters 14.04, 14.10 and 20.42 of the Seattle Municipal Code, as they may be amended from time to time, and rules, regulations, orders and directives of the associated administrative agencies and their officers.
Sample 1
Without limiting the generality of Subsection. (a) of this Section, the holders of Senior Guarantor Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Section or the obligations hereunder of the holders of the Guarantee to the holders of Senior Guarantor Indebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Guarantor Indebtedness or any instrument evidencing the same or any agreement under which Senior Guarantor Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Guarantor Indebtedness; (3) release any Person liable in any manner for the collection or payment of Senior Guarantor Indebtedness; and
Sample 1
Without limiting the generality of Subsection. 2.1(a), NeoPharm agrees to use Due Diligence in providing additional technical and scientific assistance to BioChem in connection with BioChem's efforts to obtain HPB approval for any use of the Product in the Field; provided that such assistance shall not result in NeoPharm having to conduct any additional clinical trials or other activities or having to make any additional expenditures not provided for by NeoPharm with respect to research and development of the Product outside the Territory under the BUdR NDA. NeoPharm shall, concurrently with any submissions regarding approval of the Product for use and sale in any indications made by NeoPharm, its Affiliates or licensees to the FDA or similar Governmental Bodies outside the Territory, unless prohibited from doing so by a written agreement with a third Person, provide BioChem with a copy of and the right to reference any and all NeoPharm Know-How contained in such submissions, as well as of additional NeoPharm Know- How supplied to such Governmental Bodies. Should NeoPharm be prohibited from providing BioChem with copies of and a right to reference any NeoPharm Know-How due to a written confidentiality agreement as aforesaid, NeoPharm shall use its best efforts to obtain BioChem such copies and right to reference. BioChem shall be entitled to incorporate data contained in any such NDA or other application for regulatory approval in any documents BioChem is required to file with the HPB in an attempt to seek approval to commercialize the Product in the Territory. At the written request of BioChem, NeoPharm shall provide, shall cause its Affiliates to provide, or shall use its Due Diligence to obtain from any of its licensees outside the Territory, written notification to HPB of BioChem's right to reference any such NDA or other application for regulatory approval in any NDS filed by BioChem with respect to use of the Product in the Territory. The Parties acknowledge that, in reviewing BioChem's NDS for the Product, HPB may require additional information to that which is contained in the BUdR NDA and/or made available to BioChem pursuant to the forgoing provisions of this Subsection 2.1(b). Should HPB request such additional information, and NeoPharm is in possession of or has access to such information, NeoPharm shall, unless prohibited from doing so by a written agreement with a third Person, provide copies thereof to BioChem for use hereunder. BioChem shall be required to reimburse NeoPharm for all rea...
Sample 1
Without limiting the generality of Subsection. 13.4 (a), the provisions of Sections 6.3, 6.5 and 6.6 and of Articles IX, XI, XII and XIII of this Agreement shall survive the expiration or termination of this Agreement.
Sample 1
Without limiting the generality of Subsection. (a) and except as otherwise expressly provided in this Agreement, before the Effective Time, the Company will comply with all laws applicable to the conduct of its business and continue in effect its present insurance coverage and will not, without the prior written consent of Provant, (i) issue, sell, or pledge, or authorize or propose the issuance, sale, or pledge of (A) any shares of capital stock of any class (including the Shares), or securities
Sample 1
Without limiting the generality of Subsection. (a) of this Section, the holders of Senior Guarantor Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Two or the obligations hereunder of the Holders of the Securities to the holders of Senior Guarantor Indebtedness, do any one or more of the following:
Sample 1
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Without limiting the generality of Subsection. 7.1(a), during the Interim Period, the Vendor shall:
Sample 1

Related to Without limiting the generality of Subsection

  • Limitation of Liability of the Sub-Adviser Neither the Sub-adviser nor any of its officers, directors, or employees, nor any person performing executive, administrative, trading, or other functions for the applicable Fund (at the direction or request of the Sub-adviser) or the Sub-adviser in connection with the Sub-adviser’s discharge of its obligations undertaken or reasonably assumed with respect to this Agreement, shall be liable for (i) any error of judgment or mistake of law or for any loss suffered by the Fund or (ii) any error of fact or mistake of law contained in any report or data provided by the Sub-adviser, except for any error, mistake or loss resulting from willful misfeasance, bad faith, or gross negligence in the performance of its or his duties on behalf of the Fund or from reckless disregard by the Sub-adviser or any such person of the duties of the Sub-adviser pursuant to this Agreement.

  • Liability of the Custodian for Actions of Other Persons The Custodian shall be liable for the actions or omissions of the Delegate or any Eligible Foreign Custodian (excluding any Securities Depository appointed by them) to the same extent as if such actions or omissions were performed by the Custodian itself, except as provided in Section 8 hereunder. In the event of any loss, damage or expense suffered or incurred by the Fund caused by or resulting from the actions or omissions of the Delegate or Eligible Foreign Custodian for which the Custodian would otherwise be liable, the Custodian shall promptly reimburse the Fund in the amount of any such loss, damage or expense.

  • Limitation on Liability of the Servicer and Others Neither the Servicer nor any of the directors, officers, employees or agents of the Servicer shall be under any liability to the Trust Fund or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect any director, officer, employee or agent of the Servicer against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder, nor shall this provision protect the Servicer against any liability that would otherwise be imposed by reason of negligence in the performance of duties hereunder. The Servicer and any director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer and any director, officer, employee or agent of the Servicer shall be indemnified by the Trust Fund and held harmless against any loss, liability or expense incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense, in the case of the Servicer and any director, officer, employee or agent of the Servicer, incurred by reason of willful misfeasance, bad faith or gross negligence in the performance of duties hereunder or by reason of reckless disregard of obligations and duties hereunder or, in the case of the Servicer, as Servicer, incurred by reason of negligence in the performance of any duties hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Loans in accordance with this Agreement and which in its opinion may involve it in any expense or liability; provided, however, that the Servicer may in its discretion undertake any such action which it may deem necessary or desirable in respect of this Agreement and the rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be expenses, costs and liabilities of the Trust Fund, and the Servicer shall be entitled to be reimbursed therefor out of the Custodial Account for P&I as provided by Section 3.3.

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