Common use of No Pecuniary Liability of Issuer Clause in Contracts

No Pecuniary Liability of Issuer. No covenant, provisions or agreement of the Issuer herein or in the Bonds or in any other document executed by the Issuer in connection with the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer or breach thereof, shall give rise to a pecuniary liability of the Issuer, its officers, employees or agents or a charge against the Issuer’s general credit or general fund or shall obligate the Issuer, its officers, employees or agents financially in any way except with respect to this Indenture and the application of revenues therefrom and the proceeds of the Bonds. No failure of the Issuer to comply with any term, condition, covenant or agreement therein shall subject the Issuer, its officers, employees or agents to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from this Indenture or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit or general fund of the Issuer. In making the agreements, provisions and covenants set forth herein, the Issuer has not obligated itself except with respect to this Bond Purchase Agreement and the application of revenues hereunder as hereinabove provided. The Bonds constitute special obligations of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to the Indenture and the Loan Agreement, and do not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State of Georgia or any political subdivision thereof or a charge against their general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Issuer has no taxing power. It is further understood and agreed by the Underwriter and the Borrower that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. The provisions of this section shall survive the purchase of and payment for the Bonds.

Appears in 2 contracts

Samples: Bond Purchase Agreement (First United Ethanol LLC), Bond Purchase Agreement (First United Ethanol LLC)

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No Pecuniary Liability of Issuer. No covenantagreements or provisions contained herein nor any agreement, provisions covenant or agreement of undertaking by the Issuer herein or in the Bonds or contained in any other document executed by the Issuer in connection with any property of the Company financed, directly or indirectly, out of the proceeds of the Bonds or the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer or breach thereof, shall Bonds will give rise to a any pecuniary liability of the Issuer, its officers, employees Issuer or agents or constitute a charge against the Issuer’s general credit credit, or general fund or shall will obligate the Issuer, its officers, employees or agents Issuer financially in any way way, except with respect to this the funds available hereunder or under the Indenture and pledged to the application of revenues therefrom and the proceeds payment of the BondsBonds and its application as provided under the Indenture. No failure of the Issuer to comply with any termterms, condition, covenant covenants or agreement therein shall agreements herein or in any document executed by the Issuer in connection with the Bonds will subject the Issuer, its officers, employees Issuer to any pecuniary charge or agents to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from this the funds available hereunder or under the Indenture and pledged to the payment of the Bonds and its application as provided under the Indenture. No failure of the Issuer to comply with any terms, covenants or revenues therefrom agreements herein or proceeds in any document executed by the Issuer in connection with the Bonds will subject the Issuer to any pecuniary charge or liability except to the extent that the same can be paid or recovered from the funds available hereunder or under the Indenture and pledged to the payment of the Bonds. No execution on None of the provisions of this Lease will require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any claimof its duties or in the exercise of any of its rights or powers hereunder unless it will first have been adequately indemnified to its reasonable satisfaction against the cost, demandexpense or liability which might be incurred thereby. Nothing herein will preclude a proper party in interest from seeking and obtaining, cause of action to the extent permitted by law, specific performance against the Issuer for any failure to comply with any term, condition, covenant or judgment shall agreement herein or in the Indenture; provided, that no costs, expenses or other monetary relief will be levied upon or collected recoverable from the general credit or general fund of the Issuer. In making the agreements, provisions and covenants set forth herein, the Issuer has not obligated itself except with respect to this Bond Purchase Agreement and the application of revenues hereunder as hereinabove provided. The Bonds constitute special obligations of the Issuer, may be payable solely from the revenues funds available hereunder or under the Indenture and pledged to the payment thereof pursuant to the Indenture and the Loan Agreement, and do not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State of Georgia or any political subdivision thereof or a charge against their general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Issuer has no taxing power. It is further understood and agreed by the Underwriter and the Borrower that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. The provisions of this section shall survive the purchase of and payment for the Bonds.

Appears in 1 contract

Samples: Lease Agreement

No Pecuniary Liability of Issuer. No covenantagreements or provisions contained herein nor any agreement, provisions covenant or agreement of undertaking by the Issuer herein or in the Bonds or contained in any other document executed by the Issuer in connection with any property of the Company financed, directly or indirectly, out of the proceeds of the Bonds or the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer or breach thereof, shall Bonds will give rise to a any pecuniary liability of the Issuer, its officers, employees Issuer or agents or constitute a charge against the Issuer’s general credit credit, or general fund or shall will obligate the Issuer, its officers, employees or agents Issuer financially in any way way, except with respect to this the funds available hereunder or under the Indenture and pledged to the application of revenues therefrom and the proceeds payment of the BondsBonds and its application as provided under the Indenture. No failure of the Issuer to comply with any termterms, condition, covenant covenants or agreement therein shall agreements herein or in any document executed by the Issuer in connection with the Bonds will subject the Issuer, its officers, employees Issuer to any pecuniary charge or agents to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from this the funds available hereunder or under the Indenture or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit or general fund of the Issuer. In making the agreements, provisions and covenants set forth herein, the Issuer has not obligated itself except with respect to this Bond Purchase Agreement and the application of revenues hereunder as hereinabove provided. The Bonds constitute special obligations of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant of the Bonds and its application as provided under the Indenture. None of the provisions of this Lease will require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder unless it will first have been adequately indemnified to its reasonable satisfaction against the cost, expense or liability which might be incurred thereby. Nothing herein will preclude a proper party in interest from seeking and obtaining, to the extent permitted by law, specific performance against the Issuer for any failure to comply with any term, condition, covenant or agreement herein or in the Indenture; provided, that no costs, expenses or other monetary relief will be recoverable from the Issuer except as may be payable from the funds available hereunder or under the Indenture and pledged to the Loan Agreement, and do not now and shall never constitute an indebtedness or a loan payment of the credit of the Issuer, the State of Georgia or any political subdivision thereof or a charge against their general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Issuer has no taxing power. It is further understood and agreed by the Underwriter and the Borrower that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. The provisions of this section shall survive the purchase of and payment for the Bonds.

Appears in 1 contract

Samples: Lease Agreement

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No Pecuniary Liability of Issuer. No covenantagreements or provisions contained herein nor any agreement, provisions covenant or agreement of undertaking by the Issuer herein or in the Bonds or contained in any other document executed by the Issuer in connection with any property of the Company financed, directly or indirectly, out of the proceeds of the Bond or the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer or breach thereof, shall Bond will give rise to a any pecuniary liability of the Issuer, its officers, employees Issuer or agents or constitute a charge against the Issuer’s general credit credit, or general fund or shall will obligate the Issuer, its officers, employees or agents Issuer financially in any way way, except with respect to this the funds available hereunder or under the Indenture and pledged to the application of revenues therefrom and the proceeds payment of the BondsBond and its application as provided under the Indenture. No failure of the Issuer to comply with any termterms, condition, covenant covenants or agreement therein shall agreements herein or in any document executed by the Issuer in connection with the Bond will subject the Issuer, its officers, employees Issuer to any pecuniary charge or agents to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from this the funds available hereunder or under the Indenture or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit or general fund of the Issuer. In making the agreements, provisions and covenants set forth herein, the Issuer has not obligated itself except with respect to this Bond Purchase Agreement and the application of revenues hereunder as hereinabove provided. The Bonds constitute special obligations of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant of the Bond and its application as provided under the Indenture. None of the provisions of the Lease will require the Issuer to expend or risk its own funds or to otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers hereunder unless it will first have been adequately indemnified to its reasonable satisfaction against the cost, expense or liability which might be incurred thereby. Nothing herein will preclude a proper party in interest from seeking and obtaining, to the extent permitted by law, specific performance against the Issuer for any failure to comply with any term, condition, covenant or agreement herein or in the Indenture; provided, that no costs, expenses or other monetary relief will be recoverable from the Issuer except as may be payable from the funds available hereunder or under the Indenture and pledged to the Loan Agreement, and do not now and shall never constitute an indebtedness or a loan payment of the credit of the Issuer, the State of Georgia or any political subdivision thereof or a charge against their general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Issuer has no taxing power. It is further understood and agreed by the Underwriter and the Borrower that the Issuer, its officers, employees or agents shall incur no pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. The provisions of this section shall survive the purchase of and payment for the BondsBond.

Appears in 1 contract

Samples: Lease Agreement

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