Common use of Issuer Not Liable Clause in Contracts

Issuer Not Liable. Notwithstanding any other provision of this Loan Agreement (a) the Issuer shall not be liable to the Borrower, the Trustee, any Bondholder or any other Person for any failure of the Issuer to take action under this Loan Agreement unless the Issuer (i) is requested in writing by an appropriate Person to take such action, (ii) is assured of payment of or reimbursement for any expense in such action, and (iii) is afforded, under the existing circumstances, a reasonable period to take 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 Issuer nor any commissioner of the Issuer nor any other official, employee or agent of the Issuer shall be liable to the Borrower, the Trustee, any Bondholder or any other Person for any action taken by the Issuer or by its officers, servants, agents or employees, or for any failure to take action under this Loan Agreement or the other Bond Documents to which the Issuer is a party. In acting under this Loan Agreement, or in refraining from acting under this Loan Agreement, the Issuer may conclusively rely on the advice of its counsel.

Appears in 2 contracts

Samples: Loan Agreement (Dollar Tree Stores Inc), Loan Agreement (Genlyte Group Inc)

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Issuer Not Liable. Notwithstanding any other provision of this Loan Lease Agreement (a) the Issuer shall not be liable to the BorrowerCorporation, the Trustee, any Bondholder Bond Trustee or any other Person person for any failure of the Issuer to take action under this Loan Lease Agreement unless the Issuer (i) is requested in writing by an appropriate Person person to take such action, (ii) is assured of payment of or reimbursement for any expense in such actionaction by the Corporation, and (iii) is afforded, under the existing circumstances, a reasonable period to take 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 Issuer nor any commissioner of the Issuer nor any other director, official, attorney, consultant, agent or employee or agent of the Issuer shall be liable to the BorrowerCorporation, the Trustee, any Bondholder Bond Trustee or any other Person person for any action taken by the Issuer or by its officersdirectors, servantsofficials, agents agents, attorneys, consultants or employees, or for any failure to take action under this Loan Lease Agreement or the other Bond Documents to which the Issuer is a partyIndenture. In acting under this Loan Lease Agreement, or in refraining from acting under this Loan Lease Agreement, the Issuer may conclusively rely on the advice of its counsel.

Appears in 1 contract

Samples: Lease Agreement

Issuer Not Liable. Notwithstanding any other provision of this Loan Agreement Agreement, (a) the Issuer shall not be liable to the Borrower, the Trustee, any Bondholder or any other Person for any failure of the Issuer to take action under this Loan Agreement unless the Issuer (i) is requested in writing by an appropriate Person to take such action, (ii) is assured of payment of or reimbursement for any expense expenses in such action, and (iii) is afforded, under the existing circumstances, a reasonable period to take 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 Issuer nor any commissioner member of the Issuer nor any other official, employee or agent of the Issuer shall be liable to the Borrower, the Trustee, any Bondholder or any other Person for any action taken by the Issuer or by its officers, servants, agents or employees, or for any failure to take action under this Loan Agreement or the other Bond Documents to which the Issuer is a party. In acting under this Loan Agreement, or in refraining from acting under this Loan Agreement, the Issuer may conclusively rely on the advice of its counsel.

Appears in 1 contract

Samples: Loan Agreement (Elxsi Corp /De//)

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Issuer Not Liable. Notwithstanding any other provision of this Loan Agreement (a) the Issuer shall not be liable to the Borrower, the Trustee, any Bondholder or any other Person for any failure of the Issuer to take action under this Loan Agreement unless the Issuer (i) is requested in writing by an appropriate Person to take such action, (ii) is assured of payment of or reimbursement for any expense in such action, and (iii) is afforded, under the existing circumstances, a reasonable period to take 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 Issuer nor any commissioner member of the Issuer nor any other official, member, employee or agent of the Issuer Issuer, the Department or the State shall be liable to the Borrower, the Trustee, any Bondholder or any other Person for any action taken by the Issuer or by its officers, member, servants, agents or employees, or for any failure to take action under this Loan Agreement or the other Bond Documents to which the Issuer is a party. In acting under this Loan Agreement, or in refraining from acting under this Loan Agreement, the Issuer may conclusively rely on the advice of its counsel.

Appears in 1 contract

Samples: Loan Agreement (Lunn Industries Inc /De/)

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