Limited Liability of Issuer. Any obligation or liability of the Issuer created by or arising out of this Agreement or otherwise incurred in connection with the issuance of the Bonds (including without limitation any liability created by or arising out of the representations, warranties or covenants set forth herein or otherwise) shall not impose a debt or pecuniary liability upon the Issuer or the State or any political subdivision thereof, or a charge upon the general credit or taxing powers of any of the foregoing, but shall be payable solely out of the Revenues or other amounts payable by the Company to the Issuer hereunder or otherwise (including without limitation any amounts derived from indemnifications given by the Company). Neither the issuance of the Bonds nor the delivery of this Agreement shall, directly or indirectly or contingently, obligate the Issuer or the State or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in the Bonds or in the Indenture or this Agreement or the proceedings of the Issuer authorizing the Bonds or in the Act or in any other related document shall be construed to authorize the Issuer to create a debt of the Issuer or the State or any political subdivision thereof within the meaning of any constitutional or statutory provision of the State. The principal of, and premium, if any, and interest on, the Bonds shall be payable solely from the funds pledged for their payment in accordance with the Indenture and available therefor under this Agreement. Neither the State nor any political subdivision thereof shall in any event be liable for the payment of the principal of, premium, if any, or interest on, the Bonds or for the performance of any pledge, obligation or agreement of any kind whatsoever which may be undertaken by the Issuer. No breach of any such pledge, obligation or agreement may impose any pecuniary liability upon the Issuer or the State or any political subdivision thereof, or any charge upon the general credit or against the taxing power of the Issuer or the State or any political subdivision thereof.
Limited Liability of Issuer. 14 Section 5.10. Inspection of Project................................. 14
Limited Liability of Issuer. All obligations of the Issuer incurred under this Regulatory Agreement shall be limited obligations, payable solely and only from Bond proceeds and other amounts derived by the Issuer from the Loan or otherwise under the Loan Agreement.
Limited Liability of Issuer. Notwithstanding any provision or obligation to the contrary hereinabove set forth, no provision of this Agreement shall be construed so as to give rise to a pecuniary liability of the Issuer or to give rise to a charge upon the general credit of the Issuer. The liability of the Issuer hereunder shall be limited to its interest in the Project, this Agreement, the Indenture and all other related documents and collateral and the lien of any judgment shall be restricted thereto. In the performance of the agreements of the Issuer herein contained, any obligation it may incur for the payment of money shall not be a debt of the Issuer nor shall the Issuer be liable on any obligation so incurred. The Issuer does not assume general liability for the repayment of the Bonds or for the costs, fees, penalties, taxes, interest, omissions, charges, insurance or any other payments recited herein, and shall have no obligation for such costs. The Issuer shall not be required to do any act whatsoever or exercise any diligence whatsoever to mitigate the damages to the Borrower if a default shall occur hereunder.
Limited Liability of Issuer. Any obligation or liability of the Issuer created by or arising out of this Agreement or otherwise incurred in connection with the issuance of the Bonds (including without limitation any liability created by or arising out of the representations, warranties or covenants set forth herein or otherwise) shall not impose a debt or pecuniary liability upon the Issuer or the State or any political subdivision thereof, or a charge upon the general credit or taxing powers of any of the foregoing, but shall be payable solely out of the Revenues or other amounts payable by the Company to the Issuer hereunder or otherwise (including without limitation any amounts derived from indemnifications given by the Company). Neither the issuance of the Bonds nor the delivery of this Agreement shall, directly or indirectly or contingently, obligate the Issuer or the State or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in the Bonds or in the Indenture or this Agreement or the proceedings of the Issuer authorizing the Bonds or in the Act or in any other related document shall be construed to authorize the Issuer to create a debt of the Issuer or the State or any political subdivision thereof within the meaning of any constitutional or statutory provision of the State. The principal of, and
Limited Liability of Issuer. No Personal ---------------------------------------- Liability....................................... 28 --------- SECTION 13.07. Prior Agreements................................ 30 ---------------- SECTION 13.08. Execution Counterparts......................... 30 ---------------------- SECTION 13.09. Binding Effect; Governing Law................... 30 ----------------------------- SECTION 13.10. Enforceability.................................. 30 -------------- SECTION 13.11. Article and Section Captions.................... 30 ---------------------------- SECTION 13.12. Notices......................................... 31 ------- SECTION 13.13. Amendment of Indenture and this Loan Agreement.. 31 ----------------------------------------------
Limited Liability of Issuer. The Issuer is entering into this Lease pursuant to the authority conferred upon it by the Act. No provision hereof shall be construed to impose a charge against the general credit of the Issuer or any personal or pecuniary liability upon the Issuer except with respect to the proper application of the proceeds to be derived from the sale of the Bonds, moneys made available by the Lessee or the Issuer pursuant to the provisions hereof, and the revenues and receipts to be derived from any leasing or sale of the Project, including insurance proceeds and condemnation awards. Further, none of the directors, officers, employees or agents of the Issuer shall have any personal or pecuniary liability whatever hereunder or any liability for the breach by the Issuer of any of the agreements on its part herein contained. Nothing contained in this section, however, shall relieve the Issuer from the observance and performance of the several covenants and agreements on its part herein contained or relieve any director, officer, employee or agent of the Issuer from performing all duties of their respective offices that may be necessary to enable the Issuer to perform the covenants and agreements on its part herein contained.
Limited Liability of Issuer. Any obligations of the Issuer created by, arising out of, or entered into in contemplation of this Agreement, including the Bonds, shall not impose a debt or pecuniary liability upon the Issuer, the State of Nebraska or any political subdivision thereof or constitute a charge upon the general credit or taxing powers of any of the foregoing including, but not limited to (a) liability for failure to investigate or negligence in the investigation of the financial position or prospects of the Company, a user of the Project or any other person or for failure to consider, or negligence concerning, the adequacy of terms of, or collateral security for, the Bonds or any related agreement to protect interests of holders of the Bonds; and (b) any liability in connection with the issuance or sale of the Bonds. Any such obligation shall be payable solely out of the revenues and any other moneys derived hereunder and under the Indenture, except, as provided in the Indenture and in this Agreement, to the extent it shall be paid out of moneys attributable to the proceeds of the Bonds or the income from the temporary investment thereof. In addition, this Agreement shall not give rise to any personal liability of any member of the Issuer's Governing Body or of any officers, agents, employees or officials of the Issuer on the Bonds or for any act or omission related to the authorization or issuance of the Bonds. [Remainder of this page intentionally left blank.]
Limited Liability of Issuer. All obligations of the Issuer hereunder shall be limited obligations, payable solely from proceeds of the Senior Issuer Notes and the Junior Bonds and other amounts derived by the Issuer from the Loan or otherwise under the Loan Agreement.
Limited Liability of Issuer. Notwithstanding anything herein contained to the contrary by implication or otherwise: (i) the Bonds are the limited obligation of the Issuer payable solely from amounts received by the Issuer from revenues derived from the Project or from any contract entered into or investment made in connection with the Bonds and pledged to the payment of the Bonds; (ii) the members of the Issuer’s Governing Body are not liable on the Bonds or on any other contract entered into in connection with the issuance of the Bonds (including this Bond Purchase Agreement), or for any other debt, obligation or liability of the Issuer, whether in tort, contract or otherwise; (iii) the Bonds are not a debt of any member of the Issuer’s Governing Body, the Issuer or the State or any political subdivision thereof; and (iv) the issuance of the Bonds does not obligate any member of the Issuer’s Governing Body, the Issuer or the State or any political subdivision thereof to levy any tax or make any appropriation for payment of the Bonds. The Issuer shall not be directly, indirectly, contingently, or otherwise liable for any costs, expenses, losses, damages, claims, or actions or any conceivable kind under any conceivable theory under this Agreement or any document or instrument referred to herein or by reason of or in connection with this Agreement or other document or instrument except to the extent that Pledged Revenues are available for such purpose. In addition, no member of the Issuer’s Governing Body is liable personally on the Bonds or on this Bond Purchase Agreement, or subject to any personal liability or accountability by reason of the issuance of the Bonds, unless such personal liability or accountability is the result of willful misconduct.
