Limited Liability of Investors. None of the Investors, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.17 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to Borrower in accordance with the terms of the Operating Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and direct or actual losses (as opposed to Consequential Damages) arising from any Managing Entity’s intentional misrepresentation hereunder, fraud, bad faith or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Managing Entity, none of the Investors, including the Managing Entities, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 12.17 or in any of the other provisions of the Loan Documents, or other reports, financial statements, notices or certificates delivered in connection herewith and therewith, shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to a Borrower in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 12.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties (but not the Managing Entities, except as expressly provided herein) and their respective properties and assets.
Limited Liability of Investors. None of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations, other than to make its Capital Contribution to Borrower in accordance with the terms of its Subscription Agreement. The Adviser shall have not any personal, partnership, corporate or trust liability for the payment or performance of the Obligations, except that for the Adviser’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, there shall be full recourse to the Adviser. The payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and direct or actual losses (as opposed to Consequential Damages) arising from any Managing Entity’s intentional misrepresentation hereunder, fraud, bad faith or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Managing Entity, none of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 12.17 or in any of the other provisions of the Loan Documents, or other reports, financial statements, notices or certificates delivered in connection herewith and therewith, shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to a Borrower in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 12.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets. Notwithstanding the foregoing or anything to the contrary in this Credit Agreement or any of the other Loan Documents, the obligations of each of the Aggregator Fund, each Investor in the Aggregator Fund and the Aggregator Fund Managing Entity under the Loan Documents is subject in all respects to the terms and conditions of the Initial Borrower Limited Liability Company Agreement (in the case of the Aggregator Fund) and the Aggregator Fund Governing Agreement (in the case of the investors in the Aggregator Fund), and under no circumstances shall the Aggregator Fund, the Aggregator 115 Fund Managing Entity, or any investor in the Aggregator Fund at any time have any liability in connection with, arising out of, or in any way related to, this Credit Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Credit Agreement or any of the other Loan Documents, in an amount in excess of that required, as of such time, under the terms and conditions of the Initial Borrower Limited Liability Company Agreement (in the case of the Aggregator Fund and its Managing Entity) and the Aggregator Fund Governing Agreement (in the case of the Investors in the Aggregator Fund). Notwithstanding any provision of this Agreement or any other Loan Document to the contrary, any payment obligation...
Limited Liability of Investors. None of the Investors, including the members of the Investors, nor the employees of the Investors, or any officer, director or shareholder of a constituent member of the Investors, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of Borrower, or of any Investor to make its Capital Contributions to Borrower in accordance with the terms of its Subscription Agreement. Notwithstanding anything contained in this Section 11.7, the payment and performance of the Obligations shall be fully recourse to Borrower and its Assets.
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Credit Party’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Credit Party, none of the Investors, including the Managing Member, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 14.19 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of Borrower, or of any Investor to make its Capital Contributions to Borrower, Managing Member, Guarantor or Pledgor, in accordance with the terms of the Operating Agreement, Partnership Agreement or the Stockholders Agreement, as applicable, or pursuant to the terms of such Investor’s Investor Letter. Nothing contained in this Section 14.19 shall be deemed to expressly or implicitly limit or modify the liability of each Qualified Borrower to Lenders under the Qualified Borrower Notes; provided, however, that such liability shall not extend beyond such Qualified Borrower and its properties and assets. Notwithstanding anything contained in this Section 14.19, the payment and performance of the Obligations shall be fully recourse to each Borrower Party and the payment and performance of the Guaranteed Obligations shall be fully recourse to the Guarantor and, in each case, their properties and assets. Revolving Credit Agreement Acadia Strategic Opportunity Fund III LLC 104
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Loan Party’s or any General Partner’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such General Partner, none of the Investors, including any General Partner, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.16 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Loan Party, or of any Investor to make its Capital Contributions to the Borrower or the Feeder Fund in accordance with the terms of the applicable Constituent Documents or the right of the Administrative Agent or the Lenders to enforce obligations of any General Partner under the Collateral Documents to which it is a party or require specific performance thereof by such General Partner. Notwithstanding anything contained in this Section 13.16, the payment and performance of the Obligations shall be fully recourse to Borrower Parties (but not their respective General Partners, except as expressly provided herein) and their respective properties and assets; provided that, this sentence shall not affect any recourse a Lender may have pursuant to any applicable Funding and Support Letter.
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Loan Party’s General Partner’s gross negligence, intentional misrepresentation, fraud or willful misapplication of proceeds in contravention of this Credit Agreement (regardless of whether General Partner is acting in its own capacity or in its capacity as a manager or a general partner of a Loan Party), for which there will be full recourse to General Partner, none of the Investors, including the General Partner, 123 will have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.16 or in any of the other provisions of the Loan Documents will be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Loan Party, or of any Investor to make its Capital Contributions to any Pledgor in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.16, the payment and performance of the Obligations is fully recourse to the Loan Parties (but not General Partner, except as expressly provided herein) and their respective properties and assets.
Limited Liability of Investors. The Fund will be governed by the LLC Act under which, as a general rule, an Investor's liability for the obligations of the Fund is limited to such Investor's Capital Contribution and such Investor's share of the Fund's assets. An Investor of the Fund will not otherwise be liable for the obligations of the Fund. Should an Investor participate in the management of the business of the Fund, in such case, the Investor may be liable to the Fund or other Investors for conduct that constitutes bad faith, gross negligence or willful misconduct. In addition, Investors should be aware that they potentially could be liable to return distributions made by the Fund if within a certain period of time after such distributions were made the Fund becomes insolvent. The Fund has not yet Finally and Conclusively Selected or Identified Projects The Fund expects to utilize the net proceeds from this Offering for the acquisition, exploration and development of as yet unidentified Projects. As a result, prospective Investors may not have an opportunity to evaluate any such Projects before investing, nor will they have a voice in the selection of such Projects after investment in the Fund. Consequently, prospective Investors will be relying upon the judgment of the Manager for such decisions. The Amount and Frequency of Cash Distributions Depends on the Fund's Operations and Need for Cash Reserves and is Uncertain No distributions will be made from the Fund to the Investors of the Fund until the Fund has funds that the Manager determines are not needed for the operation of the Fund. Accordingly, there is no assurance that any distributions from the Fund will be made to its Investors. Distributions will depend primarily on the Fund's net cash receipts from its operations. Moreover, distributions could be delayed to repay the principal and interest of Fund borrowings, if any, or to fund Fund costs. Fund income will be taxable to the Investors in the year earned, even if cash is not distributed. The Manager will not be Making a Capital Contribution but Will Receive Distributions While the Manager (in its capacity as such) generally will receive 15% of distributions of the Fund, it will not contribute any cash to the Fund with
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Loan Party’s or General Partner’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to General Partner, none of the Investors, including the General Partner, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.16 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Loan Party, or of any Investor to make its Capital Contributions to any Guarantor or Approved Intermediary, as applicable, in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.16, the payment and performance of the Obligations shall be fully recourse to Borrower (but not General Partner, except as expressly provided herein) and their respective properties and assets.
