Certain Special Provisions Sample Clauses

Certain Special Provisions. If at any time the Principal Investor and his Family Members cease to constitute a sufficient number of the directors or trustees, as applicable, of any Qualified Stockholder to permit approval of matters by such Qualified Stockholder without the approval of any other director or trustee of such Qualified Stockholder, the Voting Securities of Parent held by such Qualified Stockholder shall thereafter be deemed not to be owned of record and beneficially by such Qualified Stockholder (or any Investor) for the purposes of Sections 3.04(b) and 3.04(c). The Principal Investor shall be liable to Parent under this Agreement for any actions taken by any Qualified Stockholder that would have been violations of Section 3.01, 3.03 or 3.05(c) had such Qualified Stockholder been bound by such Sections.

Certain Special Provisions. In the ease of any Lender which is a commercial paper conduit and executes this Agreement in such capacity (each, a "Conduit Lender"), the following special provisions shall apply: (A) No claim arising out of or relating to this Agreement or any related document, agreement or understanding (collectively, the "Operative Documents") or any of the matters contemplated by any thereof shall be had against the Conduit Lender, nor shall the Conduit Lender have any liability or obligation under any Operative Document or any of the matters contemplated by any thereof or in respect of any thereof, except solely to the extent of Excess Funds, and to the extent not paid from Excess Funds and any obligation of Conduit Lender shall be deemed no longer outstanding. "Excess Funds" shall mean all available funds of the Conduit Lender which are in excess of such portion of those funds as are needed to pay and discharge in full at maturity all of its debts, duties, liabilities and obligations, including, without limitation, all commercial paper, due or to become due within 368 days from the date of the latest maturing commercial paper issued or to be issued by it. In determining the liability of Conduit Lender in respect of any obligation ("Subject Obligation") other than the face value of the Commercial Paper, Conduit Lender is expressly agreed to have no liability of any kind with respect to any such obligation (and any such obligation shall constitute a "claim" for purposes of the United States Bankruptcy Code and any analogous law, domestic or foreign as now or hereafter in effect) except solely to the extent that the Conduit Lender has Excess Funds which pursuant to its program collateral agreement are available to satisfy such obligations.