No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i) and 4.3(e)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Management Fee and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities under or pursuant to the Indenture.
Appears in 6 contracts
Samples: Management Agreement (Fat Brands, Inc), Management Agreement (Fat Brands, Inc), Management Agreement (Fat Brands, Inc)
No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i) and 4.3(e)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Weekly Management Fee and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities under or pursuant to the Indenture.
Appears in 5 contracts
Samples: Management Agreement (Dine Brands Global, Inc.), Management Agreement, Management Agreement (Dine Brands Global, Inc.)
No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i(i) the last sentence of paragraph (d) above and 4.3(e)(ii) SECTION 2.8) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have has reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Management Fee Fees and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall will not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall will be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities under or pursuant to the Indenture.
Appears in 3 contracts
Samples: Management Agreement (European Wax Center, Inc.), Management Agreement (Planet Fitness, Inc.), Management Agreement (Planet Fitness, Inc.)
No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i4.3(e)(i) and 4.3(e4.3(f)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Weekly Management Fee Fees and Excess Canadian Weekly Management Fees and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities Issuer under or pursuant to the Indenture.
Appears in 2 contracts
Samples: Canadian Management Agreement (Driven Brands Holdings Inc.), Canadian Management Agreement (Driven Brands Holdings Inc.)
No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i4.3(e)(i) and 4.3(e4.3(f)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Weekly Management Fee Fees and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities Issuer under or pursuant to the Indenture.
Appears in 2 contracts
Samples: Management Agreement (Driven Brands Holdings Inc.), Management Agreement (Driven Brands Holdings Inc.)
No Financial Liability. No provision of this Agreement (other than Sections Section 2.6, 2.7, 4.3(d)(i4.3(e)(i) and 4.3(e4.3(f)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Weekly Management Fee Fees and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any additional services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities under or pursuant to the Indenture.
Appears in 1 contract
No Financial Liability. No provision of this Agreement (other than Sections 2.6, 2.7, 4.3(d)(i4.3(c)(i) and 4.3(e4.3(d)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Management Fee and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities Issuer under or pursuant to the Indenture.
Appears in 1 contract
No Financial Liability. No provision of this Agreement (other than Sections Section 2.6, 2.7, 4.3(d)(i4.3(e)(i) and 4.3(e4.3(f)) shall require the Manager to expend or risk its funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder, if the Manager shall have havehas reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not compensated by the payment of the Monthly Weekly Management Fee Fees and is otherwise not reasonably assured or provided to the Manager. Further, the Manager shall not be obligated to perform any additional services not enumerated or otherwise contemplated hereunder, unless the Manager determines that it is more likely than not that it shall be reimbursed for all of its expenses incurred in connection with such performance. The Manager shall not be liable under the Notes and shall not be responsible for any amounts required to be paid by the Securitization Entities under or pursuant to the Indenture.
Appears in 1 contract