NO IMPAIRMENT OF CERTAIN RIGHTS Sample Clauses

NO IMPAIRMENT OF CERTAIN RIGHTS. Although the personal liability of Borrowers, Guarantor and their respective affiliates, shareholders, members, partners, officers, directors and employees may be limited pursuant to section 4.13, no provision of this section 4.13 shall (i) affect any guaranty or similar agreement executed in connection with the debt evidenced by the Related Mortgage Notes and the Custodial Receipts L/C Reimbursement, or otherwise in connection with the Obligations, (ii) release or reduce the Obligations or the debt evidenced by the Related Mortgage Notes and the Custodial Receipts L/C Reimbursement Agreement, (iii) impair the right of Fannie Mae to enforce the provisions of paragraph 6 of the
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NO IMPAIRMENT OF CERTAIN RIGHTS. No provision of this section 4.14 shall (a) affect any guaranty or similar agreement executed in connection with the Obligations, (b) release or reduce the Obligations or the debt evidenced by the Related Mortgage Notes, (c) impair the right of Fannie Mae to enforce the provisions of paragraph 6 of the portion of each Mortgage, (d) impair the lien of any Mortgage, (e) impair the right of Fannie Mae to 91 enforce the provisions of the Cash Collateral Agreement, the Lock-Box Agreement, any Replacement Reserve Agreement, any Assignment of Management Agreement, or any other agreement defined as an "Ancillary Collateral Agreement" in any Mortgage or (f) limit Owner's obligation to pay documentary stamp, recording, transfer, mortgage, intangible, filing or other taxes or fees and other liabilities payable by Owner pursuant to section 2.2.17.
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NO IMPAIRMENT OF CERTAIN RIGHTS. No provision of this section 4.14 shall (i) affect any guaranty or similar agreement executed in connection with Mortgage Loans evidenced by the Related Mortgage Notes or otherwise in connection with the Obligations, (ii) release or reduce the Obligations or the debt evidenced by the Related Mortgage Notes, (iii) impair the right of Xxxxxx Xxx to enforce the provisions of Paragraph 6.B ("Environmental Hazards") of each Mortgage, (iv) impair the lien of any Mortgage or (v) impair the right of Xxxxxx Mae to enforce the provisions of any Cash Management Agreement, any Replacement Reserve Agreement, the Assignment of Management Agreement, any Hedge Security Agreement or any other agreement defined as an "Ancillary Collateral Agreement" in any Mortgage; provided that the personal liability of Owner, QRS Partner and OP Partner shall be limited as provided in sections 4.14(a), (b), and (c). Notwithstanding anything to the contrary in the Related Mortgage Notes or any Bond Property Loan Document, the provisions of this section 4.14 and not the provisions of Sections 10 or 11 of the Related Mortgage Notes shall control and govern the rights and obligations of Xxxxxx Xxx and Owner with respect to the personal liability of Owner regardless of whether Xxxxxx Mae is exercising remedies (directly or indirectly) under the Reimbursement Mortgages and other documents evidencing or securing the Obligations or under all or any of the Related Mortgage Notes, the Related Bond Mortgages or the Bond Property Loan Documents with respect to any Bond Property.
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NO IMPAIRMENT OF CERTAIN RIGHTS. No provision of this section 3.11 shall (i) affect any guaranty or similar agreement executed in connection with the debt evidenced by the Related Mortgage Notes or otherwise in connection with the Obligations, (ii) release or reduce the Obligations or the debt evidenced by the Related Mortgage Notes, (iii) impair the right of Xxxxxx Mae to enforce the provisions of paragraph 6 of the portion of each Mortgage identified as the "Multifamily Instrument", (iv) impair the lien of any Mortgage, (v) impair the right of Xxxxxx Xxx to enforce the provisions of the Cash Management Agreement, any Replacement Reserve Agreement, the Assignment of Management Agreement, or any other agreement defined as an "Ancillary Collateral Agreement" in any Mortgage or (vi) limit Owner's obligation to pay documentary stamp, recording, transfer, mortgage, intangible, filing or other taxes or fees and other liabilities payable by Owner pursuant to section 3.1(f).
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Related to NO IMPAIRMENT OF CERTAIN RIGHTS

  • Termination of Certain Rights Any termination of this Lease pursuant to this Article 13 shall cause any right of the Lessee to extend the Term of this Lease, granted to the Lessee herein and any right of the Lessee to purchase the Leased Property contained in this Lease to be terminated and to be without further force or effect.

  • Enforcement of Certain Rights Nothing expressed or implied in this Agreement is intended, or will be construed, to confer upon or give any Person other than the Parties, and their successors or permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement, or result in such Person being deemed a third party beneficiary of this Agreement.

  • Waiver of Certain Rights Each Member irrevocably waives any right it may have to maintain any action for dissolution of the Company or for partition of the property of the Company.

  • Preservation of Certain Remedies Notwithstanding the preceding binding arbitration provisions, the parties hereto and the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under Applicable Law or by judicial foreclosure and sale, including a proceeding to confirm the sale, (ii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

  • Effect of Certain Events (a) If at any time the Company proposes (i) to sell or otherwise convey all or substantially all of its assets or (ii) to effect a transaction (by merger or otherwise) in which more than 50% of the voting power of the Company is disposed of (collectively, a "Sale or Merger Transaction"), in which the consideration to be received by the Company or its shareholders consists solely of cash, the Company shall give the holder of this Warrant thirty (30) days' notice of the proposed effective date of the transaction specifying that the Warrant shall terminate if the Warrant has not been exercised by the effective date of the transaction.

  • Transfers of Certain Rights (a) This Agreement, and the rights and obligations of each Stockholder hereunder, may be assigned by such Stockholder to another Stockholder, to any affiliate of such Stockholder or to any person or entity acquiring at least 300,000 Stockholder Registrable Shares (determined without regard to the second to last sentence under the definition of the Stockholder Registrable Shares) (such number being subject to adjustment for any stock dividend, stock split, subdivision, combination or other recapitalization of the Common Stock of the Company); provided, however, that the transferee provides written notice of such assignment to the Company stating its name and address and identifying the securities with respect to which such rights are being assigned; and provided further, that the Company receives the written instrument provided in subparagraph (b) below. Any transferee to whom a transfer is made in accordance with the immediately preceding sentence shall be deemed a Stockholder for purposes of this Agreement.

  • Treatment of Certain Refunds If any party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.17 (including by the payment of additional amounts pursuant to this Section 2.17), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.17 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this paragraph (g) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this paragraph (g), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this paragraph (g) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This paragraph shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.

  • Restrictions on Payment of Certain Debt Make any payments (whether voluntary or mandatory, or a prepayment, redemption, retirement, defeasance or acquisition) with respect to any:

  • Exclusion of Certain Damages IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, REMOTE, SPECULATIVE OR SIMILAR DAMAGES IN EXCESS OF COMPENSATORY DAMAGES OF THE OTHER PARTY IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, AND EACH PARTY HEREBY WAIVES ON BEHALF OF ITSELF, EACH OTHER MEMBER OF ITS GROUP AND ITS AND THEIR REPRESENTATIVES ANY CLAIM FOR SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE; PROVIDED, HOWEVER, THAT THE FOREGOING EXCLUSION SHALL NOT APPLY IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) ANY BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS WITH RESPECT TO IP AGREEMENT INFORMATION, (B) ANY BREACH BY VAREX OR ANY MEMBER OF ITS GROUP OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT WITH RESPECT TO ACCELERATOR TECHNOLOGY, (C) ANY GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD OF OR BY A PARTY, OR (D) ANY CLAIMS FOR INDEMNIFICATION IN RESPECT OF THIRD-PARTY CLAIMS UNDER ARTICLE IX.

  • Termination of Certain Agreements On and as of the Closing, the Company shall take all actions necessary to cause the Contracts listed on Schedule 6.04 to be terminated without any further force and effect and without any cost or other liability or obligation to the Company or any of its Subsidiaries, and there shall be no further obligations of any of the relevant parties thereunder following the Closing.

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