Authority Not Liable. Notwithstanding any other provision of this Agreement (a) the Authority shall not be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the Bonds, or any other person for any failure of the Authority to take action under this Agreement unless the Authority (i) is requested in writing by an appropriate person to take such action and (ii) is assured of payment of or reimbursement for any expenses in such action, and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the Bonds, or any other Person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take action under this Agreement or the Trust Agreement. In acting under this Agreement, or in refraining from acting under this Agreement, the Authority may conclusively rely on the advice of its legal counsel.
Appears in 2 contracts
Samples: Loan and Guaranty Agreement (Doral Financial Corp), Loan and Guaranty Agreement (Doral Properties Inc)
Authority Not Liable. Notwithstanding any other provision of this Agreement Agreement: (a) the Authority shall not be liable to the Borrower, the Trustee, the GuarantorLetter of Credit Issuer, any holder of any of the Bonds, or any other person for any failure of the Authority to take action under this Agreement unless the Authority Authority: (i) is requested in writing by an appropriate person to take such action action; and (ii) is assured of payment of or reimbursement for any expenses in such action, ; and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the GuarantorLetter of Credit Issuer, any holder of any of the Bonds, or any other Person person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take action under this Agreement or the Trust Agreement. In acting under this Agreement, or in refraining from acting under this Agreement, the Authority may conclusively rely on the advice of its legal counsel.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)
Authority Not Liable. Notwithstanding any other provision of this Agreement Agreement, (a) the Authority shall not be liable to the Borrower, the Trustee, the GuarantorBank, any holder of any of the Bonds, or any other person for any failure of the Authority to take action under this Agreement unless the Authority authority (i) is requested in writing by an appropriate person to take such action and (ii) is assured of payment of or reimbursement for any expenses in such action, and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the GuarantorBank, any holder of any of the Bonds, or any other Person person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take any action under this Agreement or the Trust Agreement. In acting under this Agreement, or in refraining from acting under this Agreement, the Authority may conclusively rely on the advice of its legal counsel.
Appears in 2 contracts
Samples: Collateral Pledge Agreement (El Conquistador Partnership Lp), Collateral Pledge Agreement (WMS Hotel Corp)
Authority Not Liable. Notwithstanding any other provision of this Agreement (a) the Authority shall not be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the Bonds, or any other person for any failure of the Authority to take action under this Agreement unless the Authority (i) is requested in writing by an appropriate person to take such action and (ii) is assured of payment of or reimbursement for any expenses in such action, and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the Bonds, or any other Person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take action under this Agreement or the Trust Agreement. In acting under this Agreement, or in 52 57 refraining from acting under this Agreement, the Authority may conclusively rely on the advice of its legal counsel.
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Authority Not Liable. Notwithstanding any other provision of this Loan Agreement (a) the Authority shall not be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the BondsHolder, or any other person Person for any failure of the Authority to take action under this Loan Agreement unless the Authority (i) is requested in writing by an appropriate person Person to take such action and (ii) is assured of payment of or reimbursement for any expenses in such action, and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the Bonds, Holder or any other Person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take action under this Loan Agreement or the Trust Agreement. In acting under this Loan Agreement, or in refraining from acting under this Loan Agreement, the Authority may conclusively rely on the advice of its legal counsel.
Appears in 1 contract
Samples: Loan Agreement (WMS Hotel Corp)
Authority Not Liable. Notwithstanding any other provision of this Loan Agreement (a) the Authority shall not be liable to the Borrower, the Trustee, the Guarantor, any holder of any of the BondsHolder, or any other person Person for any failure of the Authority to take action under this Loan Agreement unless the Authority (i) is requested in writing by an appropriate person Person to take such action and (ii) is assured of payment of or reimbursement for any expenses in such action, and (b) except with respect to any action for specific performance or any action in the nature of a prohibitory or mandatory injunction, neither the Authority nor any director of the Authority or any other official or employee of the Authority shall be liable to the Borrower, the Trustee, the Guarantor, any holder Holder of any of the Bonds, or any other Person for any action taken by it or by its officers, servants, agents or employees, or for any failure to take action under this Loan Agreement or the Trust Agreement. In acting under this Loan Agreement, or in refraining from acting under this Loan Agreement, the Authority may conclusively rely on the advice of its legal counsel.
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