Issuer Not Liable. Notwithstanding any other provision of this Lease Agreement (a) the Issuer shall not be liable to the Company, the Trustee, the Credit Facility Trustee, any Bondholder or any other Person for any failure of the Issuer to take action under this Lease Agreement other than such actions as have been agreed to herein and in the Indenture, and (b) neither the Issuer nor any officer or member of the Issuer nor any other official, employee, attorney or agent of the Issuer shall be liable to the Company, the Trustee, the Credit Facility Trustee, any Bondholder or any other Person for any action taken by the Issuer or by any of its officers, attorney, servants, agents or employees or for any failure to take action under this Lease Agreement or the Indenture other than such actions as have been agreed to herein and in the Indenture. In acting under this Lease Agreement, or in refraining from acting under this Lease Agreement, the Issuer may conclusively rely on the advice of its Counsel.
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Samples: Lease Agreement (Laralev Inc)
Issuer Not Liable. Notwithstanding any other provision of this Lease Loan Agreement (a) the Issuer shall not be liable to the CompanyCorporation, the Trustee, any holder of any of the Credit Facility TrusteeBonds, any Bondholder or any other Person person for any failure of the Issuer to take action under this Lease Loan Agreement other than unless the Issuer (i) is requested in writing by an appropriate person to take such actions as have been agreed to herein action and (ii) is assured of payment of or reimbursement for any expenses in the Indenturesuch 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 officer or member of the Issuer nor any other officer, official, employee, attorney employee or agent of the Issuer shall be liable to the CompanyCorporation, the Trustee, any holder or owner of any of the Credit Facility TrusteeBonds, any Bondholder or any other Person person for any action taken by the Issuer it or by any of its officers, attorney, servants, agents or employees employees, or for any failure to take action under this Lease Loan Agreement or the Indenture other than such actions as have been agreed to herein and in the Trust Indenture. In acting under this Lease Loan Agreement, or in refraining from acting under this Lease Loan Agreement, the Issuer may conclusively rely on the advice of its Counsel.legal counsel. IX-3
Appears in 1 contract
Samples: Loan Agreement (Simmons Co /Ga/)
Issuer Not Liable. Notwithstanding any other provision All covenants, stipulations, obligations and agreements of this Lease Agreement (a) the Issuer contained in this Loan Agreement shall not be liable deemed to the Companybe covenants, the Trusteestipulations, the Credit Facility Trustee, any Bondholder or any other Person for any failure obligations and agreements of the Issuer to take action under this Lease Agreement other than such actions as have been agreed the full extent permitted by the Constitution and laws of the State. No covenant, stipulation, obligation or agreement contained herein shall be deemed to herein and be a covenant, stipulation, obligation or agreement of any present or future commissioner, agent or employee of the Issuer or the Governing Board in the Indenturehis or her individual capacity, and (b) neither the Issuer nor any officer or member Governing Board of the Issuer nor any other official, employee, attorney or agent officer of the Issuer shall be liable personally under this Loan Agreement or be subject to the Companyany personal liability or accountability by reason thereof. No commissioner, the Trusteeofficer, the Credit Facility Trustee, any Bondholder agent or any other Person for any action taken by employee of the Issuer or by the Governing Board shall incur any personal liability in acting or proceeding or in not acting or not proceeding in accordance with the terms of its officers, attorney, servants, agents or employees or for any failure to take action under this Lease Agreement or the Indenture other than such actions as have been agreed to herein and in the IndentureLoan Agreement. In acting under this Lease Loan Agreement, or in refraining from acting under this Lease Loan Agreement, the Issuer may conclusively rely on the advice of its Counselcounsel.
Appears in 1 contract
Samples: Loan Agreement (Heico Corp)
Issuer Not Liable. Notwithstanding any other provision of this Lease Loan Agreement (a) the Issuer shall not be liable to the CompanyBorrower, the Trustee, the Credit Facility Trustee, any Bondholder or any other Person for any failure of the Issuer to take action under this Lease Loan Agreement other than unless the Issuer (i) is requested in writing by an appropriate Person to take such actions as have been agreed 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 herein and in the Indenturetake 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 officer or member of the Issuer nor any other official, employeemember, attorney employee or agent of the Issuer Issuer, the Department or the State shall be liable to the CompanyBorrower, the Trustee, the Credit Facility Trustee, any Bondholder or any other Person for any action taken by the Issuer or by any of its officers, attorneymember, servants, agents or employees employees, or for any failure to take action under this Lease Loan Agreement or the Indenture other than such actions as have been agreed Bond Documents to herein and in which the IndentureIssuer is a party. In acting under this Lease Loan Agreement, or in refraining from acting under this Lease Loan Agreement, the Issuer may conclusively rely on the advice of its Counselcounsel.
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