Securities Liabilities definition

Securities Liabilities shall have the meaning set forth in Section 13.5(b) hereof.

Securities Liabilities shall have the meaning set forth in Section 13.5 hereof.

Securities Liabilities means any and all losses, liabilities, penalties, claims, damages, demands, costs or expenses or other Liabilities whatsoever that are assessed, imposed, awarded against, incurred or accrued by a Person arising out of or relating in whole or in part to any Action, any potential or threatened Action or any Third Party Claim (or potential or threatened Third Party Claim) by any Governmental Authority or any other Person that is based on any violations or alleged violations of the Securities Act, Exchange Act, any of the rules or regulations of the Commission promulgated under the Securities Act or Exchange Act, or any other securities or other similar Law.

Examples of Securities Liabilities in a sentence

• No liability of the Company under Section 5.01 shall arise, and no Investor Indemnitee will be entitled to indemnification from the Company, unless and until the cumulative amount of such Indemnified Liabilities or Indemnified Securities Liabilities allegedly due to it under Section 5.01 exceeds $250,000 (the “Threshold”).

• Voting By Note Holders.................................47 SECTION 10.13.

• The COMPANY will indemnify, defend, protect and hold harmless ETS, until the Expiration Date from all Losses as a result of or arising out of (i) any breach by the COMPANY of its representations and warranties set forth herein, (ii) any nonfulfillment of any agreement on the part of the COMPANY hereunder or (iii) any Securities Liabilities, relating to statements or omissions regarding the COMPANY.

• If the indemnification provided for in this Agreement with respect to XLC Securities Liabilities or IE Securities Liabilities is for any reason held by a court or other tribunal to be unavailable on policy grounds or otherwise, IE and XLC shall contribute to any Indemnifiable Losses relating to, resulting from or arising out of the XLC Securities Liabilities or the IE Securities Liabilities in such proportion as to reflect each party's relative fault in connection with such Indemnifiable Losses.

• DTE Energy and the Indemnitee expressly and conclusively waive their right to proceed to a judicial determination with respect to such matter; provided, however, that in the event that a claim for indemnification against Securities Liabilities (other than the payment by DTE Energy of Expenses incurred or paid by the Indemnitee in the successful defense of any action, suit, or proceeding), the provisions of Section 6(d) will apply.

More Definitions of Securities Liabilities

Securities Liabilities is defined in Section 47.

Securities Liabilities has the meaning provided in Section 15.05 of this Loan Agreement.

Securities Liabilities is defined in Section 10.02(d).

Securities Liabilities means any Liabilities whatsoever that are ---------------------- assessed, imposed, awarded against, incurred or accrued by a Person arising out of, relating to or resulting from, in whole or in part, any Action, any potential or threatened Action or any Third Party Claim (or any potential or threatened Third Party Claim) by any Governmental Authority or any other Person that is based on any violations or alleged violations of the Securities Act, Exchange Act, any of the rules or regulations of the Commission promulgated under the Securities Act or Exchange Act, or any other securities or other similar Law, or on any alleged breach of duty by a Person in causing, permitting or failing to prevent any such violation or alleged violation.

Securities Liabilities shall have the meaning set forth in Section 3.05 hereof.

Securities Liabilities has the meaning provided in Section 15.04 hereof.

Securities Liabilities means any liability, obligation or other remedy (including, without limitation, any right or rescission in favor of any Borrower or any member of any Borrower) arising from or related to that certain investigation by the SEC captioned “In the matter of Triple Net Properties, LLC” (as well as any subsequent related investigation involving any affiliate of Triple Net Properties, LLC) pursuant to which the SEC has requested information, including financial information, from Triple Net Properties, LLC relating to disclosure in securities offerings sponsored by Triple Net Properties, LLC and its affiliates. This is a guaranty of payment and performance and not of collection. The liability of Indemnitor under this Agreement shall be direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other person (including, without limitation, other guarantors, if any), nor against the collateral for the Loan. Indemnitor waives any right to require that an action be brought against Borrower or any other person or to require that resort be made to any collateral for the Loan or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other person. In the event of a default under the Loan Documents which is not cured within any applicable grace or cure period, Lender shall have the right to enforce its rights, powers and remedies (including, without limitation, foreclosure of all or any portion of the collateral for the Loan) thereunder or hereunder, in any order, and all rights, powers and remedies available to Lender in such event shall be non-exclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. If the indebtedness and obligations guaranteed hereby are partially paid or discharged by reason of the exercise of any of the remedies available to Lender, this Agreement shall nevertheless remain in full force and effect, and Indemnitor shall remain liable for all remaining indebtedness and obligations guaranteed hereby, even though any rights which Indemnitor may have against Borrower may be destroyed or diminished by the exercise of any such remedy.