No Guarantee of Amount of Payments Sample Clauses

No Guarantee of Amount of Payments. EXCEPT AS EXPRESSLY AND SPECIFICALLY SET FORTH IN SECTION 5 HEREOF, PURCHASER UNDERSTANDS AND AGREES THAT THE COMPANY IS NOT MAKING ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, PROMISE, GUARANTEE OR ASSURANCE THAT ANY SPECIFIC OR MINIMUM AMOUNT OF REVENUE INTEREST OR PROGRAM FEES WILL BE ACHIEVED IN THE FUTURE. PURCHASER FURTHER UNDERSTANDS THAT THE COMPANY WILL HAVE NO LIABILITY OR OBLIGATION TO PURCHASER HEREUNDER IN THE EVENT EITHER PROGRAM INCURS ANY LOSSES, FAILS TO BE REQUIRED TO MAKE ANY PROGRAM FEES DURING ANY PERIOD OF TIME, OR IS REQUIRED TO MAKE PROGRAM FEES THAT ARE LESS THAN THOSE MADE IN THE PAST OR THAN THE EXPECTATIONS OF PURCHASER. THE COMPANY SPECIFICALLY DISCLAIMS ANY PRIOR STATEMENT BY THE COMPANY OR ANY OFFICER OR OTHER PERSON AUTHORIZED TO ACT ON BEHALF OF THE COMPANY THAT MAY HAVE BEEN INTERPRETED OR CONSTRUED AS A REPRESENTATION, WARRANTY, PROMISE, GUARANTEE OR ASSURANCE WITH RESPECT TO THE AMOUNT OF REVENUE INTEREST OR PROGRAM FEES. NO PERSON HAS BEEN AUTHORIZED BY THE COMPANY TO MAKE ANY ORAL OR WRITTEN REPRESENTATION, WARRANTY, PROMISE, GUARANTEE OR ASSURANCE WITH RESPECT TO THE AMOUNT OF REVENUE INTEREST OR PROGRAM FEES, OR TO MAKE ANY OTHER EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, COVENANT, PROMISE, GUARANTEE OR ASSURANCE OTHER THAN THOSE SET FORTH IN SECTION 5 HEREOF, AND, IF GIVEN OR MADE, ANY SUCH REPRESENTATIONS MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY THE COMPANY.
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Related to No Guarantee of Amount of Payments

  • Guarantee of Payment This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

  • No Guarantee of Placement, Etc The Company acknowledges and agrees that (A) there can be no assurance that the Agent will be successful in placing Shares; (B) the Agent will incur no liability or obligation to the Company or any other Person if it does not sell Shares; and (C) the Agent shall be under no obligation to purchase Shares on a principal basis pursuant to this Agreement, except as otherwise specifically agreed by the Agent and the Company.

  • No Guarantee of Interests The Board and the Company do not guarantee the Stock of the Company from loss or depreciation.

  • Guarantee of Notes Section 10.01.

  • No Guarantee of Service This Agreement is not a contract for services. It does not give the Director the right to remain in the service of the Company, nor does it interfere with the shareholders’ rights to replace the Director. It also does not require the Director to remain in the service of the Company nor interfere with the Director’s right to terminate services at any time.

  • Guarantee of Payment; Continuing Guarantee The guarantee in this Article IV is a guaranty of payment and not of collection, is a continuing guarantee, and shall apply to all Obligations whenever arising.

  • No Guarantee of Tax Consequences The Company, Board and Committee make no commitment or guarantee to Participant that any federal, state or local tax treatment will apply or be available to any person eligible for benefits under this Award Agreement and assumes no liability whatsoever for the tax consequences to Participant.

  • Acceleration of Payment of Debt Securities If payment of the Subordinated Debt Securities is accelerated because of an Event of Default, the Company or the Trustee shall promptly notify the holders of the Designated Senior Indebtedness (or their Representatives) of the acceleration.

  • No Guarantee of Continued Service OPTIONEE ACKNOWLEDGES AND AGREES --------------------------------- THAT THE VESTING OF SHARES PURSUANT TO THE VESTING SCHEDULE HEREOF IS EARNED ONLY BY CONTINUING AS A SERVICE PROVIDER AT THE WILL OF THE COMPANY (NOT THROUGH THE ACT OF BEING HIRED, BEING GRANTED THIS OPTION OR ACQUIRING SHARES HEREUNDER). OPTIONEE FURTHER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER AND THE VESTING SCHEDULE SET FORTH HEREIN DO NOT CONSTITUTE AN EXPRESS OR IMPLIED PROMISE OF CONTINUED ENGAGEMENT AS A SERVICE PROVIDER FOR THE VESTING PERIOD, FOR ANY PERIOD, OR AT ALL, AND SHALL NOT INTERFERE IN ANY WAY WITH OPTIONEE'S RIGHT OR THE COMPANY'S RIGHT TO TERMINATE OPTIONEE'S RELATIONSHIP AS A SERVICE PROVIDER AT ANY TIME, WITH OR WITHOUT CAUSE. Optionee acknowledges receipt of a copy of the Plan and represents that he or she is familiar with the terms and provisions thereof, and hereby accepts this Option subject to all of the terms and provisions thereof. Optionee has reviewed the Plan and this Option in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Option and fully understands all provisions of the Option. Optionee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions arising under the Plan or this Option. Optionee further agrees to notify the Company upon any change in the residence address indicated below. OPTIONEE: ONDISPLAY, INC. Signature By Print Name Title Residence Address [signature page to Stock Option Agreement -- Early Exercise] EXHIBIT A --------- 1996 STOCK PLAN EXERCISE NOTICE OnDisplay, Inc. 00000 Xxxxxxx Xxxx., Xxxxx 000 Xxx Xxxxx, XX 00000 Attention: Xxxxx Richwood, Controller

  • Guaranty of Payment and Not of Collection This Guaranty is a guaranty of payment, and not of collection, and a debt of each Guarantor for its own account. Accordingly, the Guarantied Parties shall not be obligated or required before enforcing this Guaranty against any Guarantor: (a) to pursue any right or remedy the Guarantied Parties may have against the Borrower, any other Loan Party or any other Person or commence any suit or other proceeding against the Borrower, any other Loan Party or any other Person in any court or other tribunal; (b) to make any claim in a liquidation or bankruptcy of the Borrower, any other Loan Party or any other Person; or (c) to make demand of the Borrower, any other Loan Party or any other Person or to enforce or seek to enforce or realize upon any collateral security held by the Guarantied Parties which may secure any of the Guarantied Obligations.

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