Concerning Lessor Sample Clauses

Concerning Lessor. Trust Company is entering into this Agreement solely in its capacity as Trustee under the Trust Agreement and not in its individual capacity and in no case shall Trust Company (or any entity acting as successor Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder.
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Concerning Lessor. Xxxxx Fargo Bank Northwest, National Association is entering into the Operative Documents solely in its capacity as Owner Trustee under the Trust Agreement and not in its individual capacity (except as expressly provided in the Operative Documents) and in no case shall Xxxxx Fargo Bank Northwest, National Association (or any entity acting as successor Owner Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Lessor under the Operative Documents; provided, however, that Xxxxx Fargo Bank Northwest, National Association (or any such successor Owner Trustee) shall be personally liable under the Operative Documents for its own gross negligence, its own simple negligence in the handling of funds actually received by it in accordance with the terms of the Operative Documents, its willful misconduct and its breach of its covenants, representations and warranties in the Operative Documents, to the extent covenanted or made in its individual capacity or as otherwise expressly provided in the Operative Documents; provided, further, that nothing contained in this Section 26 shall be construed to limit the exercise and enforcement in accordance with the terms of the Operative Documents of rights and remedies against the Trust Estate.
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Concerning Lessor. 87 12.16. Currency Indemnity.............................................................................88 12.17. Consent and Agreement of Lessee and Guarantor..................................................88 (iv) 6 EXHIBITS AND SCHEDULES SCHEDULE 1 Description of Equipment SCHEDULE 2 Pricing Grid SCHEDULE 3 Lender Commitments SCHEDULE 4 Lenders' and Certificate Holders' Notice Addresses, Payment Instructions and Responsible Officers SCHEDULE 5 Liens SCHEDULE 6 Indebtedness SCHEDULE 7 Subsidiaries SCHEDULE 8 Insurance SCHEDULE 9 ERISA Plans EXHIBIT A [Form of] Bill xx Sale and Receipt EXHIBIT B-1 [Form of] Certificate of Sale/Leaseback Equipment Relating to Lease Agreement Supplement No. __ EXHIBIT B-2 [Form of] Certificate of Equipment for Items of Equipment to Be Assembled Relating to Lease Supplement No. __ EXHIBIT C [Form of] Funding Notice and Instructions re Funds on Funding Date EXHIBIT D [Form of] Completion Certificate
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Concerning Lessor. Xxxxx Fargo Bank Northwest, National Association is entering into the Operative Documents solely in its capacity as Owner Trustee under the Trust Agreement and not in its individual capacity (except as expressly provided in the CT1001520_LA1_AAL_A320Family_EXECUTION LA1 - Lease Agreement [Lease Agreement ([Year] MSN [MSN])] Operative Documents) and in no case shall Xxxxx Fargo Bank Northwest, National Association (or any entity acting as successor Owner Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Lessor under the Operative Documents; provided, however, that Xxxxx Fargo Bank Northwest, National Association (or any such successor Owner Trustee) shall be personally liable under the Operative Documents for its own gross negligence, its own simple negligence in the handling of funds actually received by it in accordance with the terms of the Operative Documents, its willful misconduct and its breach of its covenants, representations and warranties in the Operative Documents, to the extent covenanted or made in its individual capacity or as otherwise expressly provided in the Operative Documents; provided, further, that nothing contained in this Section 26 shall be construed to limit the exercise and enforcement in accordance with the terms of the Operative Documents of rights and remedies against the Trust Estate.
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Concerning Lessor. The Parties hereto agree that all of the statements, representations, covenants and agreements made by the Lessor contained in this Agreement are made and intended only for the purpose of binding the Trust Estate and establishing the existence of rights and remedies which can be exercised and enforced against the Trust Estate. Therefore, anything contained in this Agreement to the contrary notwithstanding, no recourse shall be had with respect to this Agreement against the Trust Company in its individual capacity or against any institution or person which becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling person or persons of any of them; provided, however, that this Section 15.15 shall not be construed to prohibit any action or proceeding against Lessor, Lessee or the Trust Company for its own willful misconduct or grossly negligent conduct; and provided, further, that nothing contained in this Section 15.15 shall be construed to limit the exercise and enforcement in accordance with the terms of this Agreement of rights and remedies against the Trust Estate. The foregoing provisions of this Section 15.15 shall survive the termination of this Agreement.
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Concerning Lessor. 93 12.16. Consent and Agreement of Lessee and Guarantor..................................................94 APPENDICES, EXHIBITS AND SCHEDULES APPENDIX A Definitions SCHEDULE 1 Description of Equipment SCHEDULE 2 Pricing Grid SCHEDULE 3 Lender Commitments and Certificate Holders Commitments SCHEDULE 4 Lenders' and Certificate Holders' Notice Addresses, Payment Instructions and Responsible Officers SCHEDULE 5 Liens SCHEDULE 6 Indebtedness SCHEDULE 7 Subsidiaries SCHEDULE 8 Insurance SCHEDULE 9 ERISA Plans SCHEDULE 10 Existing Investments EXHIBIT A [Form of] Bill xx Sale and Receipt EXHIBIT B-1 [Form of] Certificate of Sale/Leaseback Equipment Relating to Lease Agreement Supplement No. __ EXHIBIT B-2 [Form of] Certificate of Equipment for Items of Equipment to Be Assembled Relating to Lease Supplement No. __ EXHIBIT C [Form of] Funding Notice and Instructions re Funds on Funding Date EXHIBIT D [Form of] Completion Certificate 7 This PARTICIPATION AGREEMENT, dated as of May 30, 2000 (together with all amendments and supplements hereto, this "Agreement") is among UNIVERSAL COMPRESSION, INC., a Texas corporation (together with its successors and permitted assigns, "Lessee"), UNIVERSAL COMPRESSION HOLDINGS, INC., a Delaware corporation (together with its successors and permitted assigns, "Guarantor"), WILMINGTON TRUST COMPANY, a Delaware banking corporation, not in its individual capacity but solely as Trustee of UNIVERSAL COMPRESSION TRUST (2000-1) under the Trust Agreement dated as of May 25, 2000 (the "Lessor") and in its individual capacity, but only where so specified (together with its successors and permitted assigns, "Trust Company"), DEUTSCHE BANK AG, NEW YORK BRANCH, and the financial institutions listed on the signature pages hereof or that may thereafter become party hereto as Certificate Holders (each a "Certificate Holder" and collectively the "Certificate Holders"), BANKERS TRUST COMPANY, as Administrative Agent (in such capacity, together with its successors and permitted assigns in such capacity, the "Administrative Agent") and BANKERS TRUST COMPANY, as Collateral Agent (in such capacity, together with its successors and permitted assigns in such capacity, the "Collateral Agent") and each of the financial institutions listed on the signature pages hereof or that may hereafter become party hereto as lenders (the "Lenders").
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Concerning Lessor. Trust Company is entering into this Lease Agreement solely in its capacity as Trustee under the Trust Agreement and not in its individual capacity (except as expressly stated herein) and in no case shall Trust Company (or any entity acting as successor Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of Lessor hereunder; provided, however, that Trust Company (or any such successor Trustee) shall be personally liable hereunder for any claims or liabilities resulting from or arising out of the following:
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Concerning Lessor. Wilmington Trust SP Services (Dublin) Limited is entering into the Operative Documents solely in its capacity as Owner Trustee under the Trust Agreement and not in its individual capacity (except as expressly provided in the Operative Documents) and in no case will Wilmington Trust SP Services (Dublin) Limited (or any entity acting as successor Owner Trustee under the Trust Agreement) be personally liable for or on account of any of the statements, representations, warranties, covenants or obligations stated to be those of LESSOR under the Operative Documents; provided, however, that Wilmington Trust SP Services (Dublin) Limited (or any such successor Owner Trustee) will be personally liable under the Operative Documents for its own Gross Negligence, its own simple negligence in the handling of funds actually received by it in accordance with the terms of the Operative Documents, its willful misconduct and its breach of its covenants, representations and warranties in the Operative Documents, to the extent covenanted or made in its individual capacity or as otherwise expressly provided in the Operative Documents; provided, further, that nothing contained in this Article
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Related to Concerning Lessor

  • CONCERNING BNY 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

  • Concerning the Agent The provisions of Article 7 of the Credit Agreement shall inure to the benefit of the Agent in respect of this Agreement and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Agent therein set forth:

  • Concerning the Bank 1. The Bank shall not be liable and shall be fully protected in acting upon any oral instruction, writing or document reasonably believed by it to be genuine and to have been given, signed or made by the proper person or persons and shall not be held to have any notice of any change of authority of any person until receipt of written notice thereof from an Officer of the Customer. It shall also be protected in processing Share certificates which it reasonably believes to bear the proper manual or facsimile signatures of the duly authorized Officer or Officers of the Customer and the proper countersignature of the Bank.

  • Concerning the Collateral Agent The provisions of Article IX of the Credit Agreement shall inure to the benefit of the Collateral Agent in respect of this Agreement and shall be binding upon all Loan Parties and all Finance Parties and upon the parties hereto in such respect. In furtherance and not in derogation of the rights, privileges and immunities of the Collateral Agent therein set forth:

  • CONCERNING THE TRUSTEE Section 8.01 Duties of the Trustee........................................ Section 8.02 Certain Matters Affecting the Trustee........................ Section 8.03 Trustee Not Liable for Certificates or Mortgage Loans........ Section 8.04 Trustee May Own Certificates................................. Section 8.05 Trustee's Fees and Expenses.................................. Section 8.06 Eligibility Requirements for the Trustee..................... Section 8.07 Resignation and Removal of the Trustee....................... Section 8.08

  • Representation Concerning Filing of Legal Actions Employee represents that, as of the date of this General Release, Employee has not filed any lawsuits, charges, complaints, petitions, claims or other accusatory pleadings against Company or any of the other Released Parties in any court or with any governmental agency.

  • Concerning the Collateral and Related Loan Documents Each member of the Lender Group authorizes and directs Agent to enter into this Agreement and the other Loan Documents. Each member of the Lender Group agrees (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to agree) that any action taken by Agent in accordance with the terms of this Agreement or the other Loan Documents relating to the Collateral and the exercise by Agent of its powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders (and such Bank Product Provider).

  • Concerning the Custodian Section 3.1 Custodian a Bailee and Agent of the Trustee. With respect to each Mortgage Note, Mortgage and other documents constituting each Mortgage File which are delivered to the Custodian, the Custodian is exclusively the bailee and agent of the Trustee and has no instructions to hold any Mortgage Note or Mortgage for the benefit of any person other than the Trustee and the Certificateholders and undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. Except upon compliance with the provisions of Section 2.5 of this Agreement, no Mortgage Note, Mortgage or other document constituting a part of a Mortgage File shall be delivered by the Custodian to the Company or the Master Servicer or otherwise released from the possession of the Custodian. The Master Servicer shall promptly notify the Custodian in writing if it shall no longer be a member of MERS, or if it otherwise shall no longer be capable of registering and recording Mortgage Loans using MERS. In addition, the Master Servicer shall (i) promptly notify the Custodian in writing when a MERS Mortgage Loan is no longer registered with and recorded under MERS and (ii) concurrently with any such deregistration of a MERS Mortgage Loan, prepare, execute and record an original assignment from MERS to the Trustee and deliver such assignment to the Custodian.

  • Information Concerning the Company Buyer has conducted its own due diligence with respect to the Company and its liabilities and believes it has enough information upon which to base an investment decision in the Stock. Buyer acknowledges that Seller has made no representations with respect to the Company, its status, or the existence or non-existence of liabilities in the Company except as explicitly stated in this Agreement. Buyer is taking the Company “as is” and acknowledges and assumes all liabilities of the Company.

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