No Personal Obligations. Notwithstanding anything to the contrary contained herein or in any other Note Document, it is expressly understood and the Purchasers expressly agree that nothing contained herein or in any other Note Document or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any stockholder, director, officer, member, partner, manager or employee of any of the Note Parties and their respective Subsidiaries in such Person’s capacity as such, with respect to (a) any payment obligation of any of the Note Parties or any of their respective Subsidiaries, (b) any obligation of the Note Parties or any of their respective Subsidiaries to perform any covenant, undertaking, indemnification or agreement, either express or implied, contained herein or in any other Note Document, (c) any representation or warranty contained herein or any other Note Document, (d) any other claim or liability to the Purchasers under or arising under this Agreement or any other Note Document or in any other document contemplated hereby or thereby, or (e) any credit extended or loan made; provided that nothing herein shall be deemed to be a waiver of claims arising from fraud.
No Personal Obligations. Liability Limited to Building .............30 16.2
No Personal Obligations. Notwithstanding anything to the contrary contained herein or in any Financing Document, it is expressly understood and the Purchaser expressly agrees that nothing contained herein or in any other Financing Document or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any present or past stockholder, director, officer or employee of the Company and its Subsidiaries in such Person’s capacity as such; provided that nothing herein shall be deemed to be a waiver of claims arising from fraud.
No Personal Obligations. Notwithstanding anything to the contrary contained herein or in any Loan Document, it is expressly understood and the Purchasers expressly agree that nothing contained herein or in any other Loan Document or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any stockholder, director, officer, employee, agent, partner or Affiliate of the Company and its Subsidiaries in such Person’s capacity as such or otherwise, with respect to (a) any payment obligation of the Company, (b) any obligation of the Company to perform any covenant, undertaking, indemnification or agreement, either express or implied, contained herein or in any other Loan Document, (c) any other claim or liability to the Purchasers under or arising under this Agreement or any other Loan Document or in any other document contemplated hereby or thereby, or (d) any credit extended or loan made.
No Personal Obligations. Notwithstanding anything to the contrary contained herein, it is expressly understood and the Purchasers expressly agree that nothing contained herein or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any stockholder, director, officer or employee of XM Satellite, the Guarantors or Parent, respectively, in such Person’s capacity as such, with respect to (a) any payment obligation of XM Satellite, the Guarantors or Parent made hereunder or in any other document contemplated hereby or thereby, (b) any obligation of XM Satellite, the Guarantors or Parent to perform any covenant, undertaking, indemnification or agreement, either express or implied, contained herein, (c) any representation or warranty contained herein, (d) any other claim or liability to the Purchasers under or arising under this Agreement or in any other document contemplated hereby or thereby, or (e) any credit extended or loan made hereunder or in any other document contemplated hereby or thereby; provided that nothing herein shall be deemed to be a waiver of claims arising from fraud.
No Personal Obligations. No stipulation, obligation or agreement contained in this Agreement will be deemed to be a stipulation, obligation or agreement of any commissioner, officer, agent, or employee of the Authority, the Developer, the District, or of any officer, agent, or employee of the City that performs services for or on behalf of the Authority, in his or her individual capacity, and no such person will be personally liable on the Bonds or with respect to the obligations created herein or be subject to personal liability or accountability by reason of the issuance of such Bonds.
No Personal Obligations. The Trust hereby represents and warrants that a copy of the Declaration of Trust of the Trust is on file with the Secretary of the State of Ohio and hereby provides notice that this Agreement is executed on behalf of the Board of Trustees of the Trust and signed by officers of the Trust, acting as such and not individually, and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders individually, but are binding only upon the assets and property of the Trust (or if the matter relates only to a particular Fund, that Fund), and the other parties shall look only to the assets of the Trust, or the particular Fund, for satisfaction of such obligations.
No Personal Obligations. Notwithstanding anything to the contrary contained herein or in any Transaction Document, it is expressly understood and each Purchaser expressly agrees that nothing contained herein or in any other Transaction Document or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any stockholder, director, officer, employee, agent, partner or Affiliate of the Company and its Subsidiaries (excluding any such Person which is the Company or any Subsidiary of the Company) in such Person’s capacity as such or otherwise.
No Personal Obligations. 31 8.16 Currency.. ..........................................................................................................31
No Personal Obligations. Notwithstanding anything to the contrary contained herein or in any other Note Document, it is expressly understood and the Purchasers expressly agree that nothing contained herein or in any other Note Document or in any other document contemplated hereby or thereby (whether from a covenant, representation, warranty or other provision herein or therein) shall create, or be construed as creating, any personal liability of any stockholder, director, officer, member, partner, manager or employee of any of the Note Parties and their respective Subsidiaries in such Person’s capacity as such, with respect to (a) any payment obligation of any of the Note Parties or any of their respective Subsidiaries, (b) any obligation of the Note Parties or any of their respective Subsidiaries to perform any covenant, undertaking, indemnification or agreement, either express or implied, contained herein or in any other Note Document, (c) any representation or warranty contained herein or any other Note Document, (d) any other claim or liability to the Purchasers under or arising under this Agreement or any other Note Document or in any other document contemplated hereby or thereby, or (e) any credit extended or loan made; provided that nothing herein shall be deemed to be a waiver of claims arising from fraud.
[1. Attached hereto as Schedule 1 are (i) the year-end audited financial statements required by Section 7.01(a) of the Note Purchase Agreement for the fiscal year of the Issuer and its Subsidiaries ended as of the above date, together with in comparative form the figures for the previous fiscal year of the Issuer and its Subsidiaries, and such financial statements are in reasonable detail and were prepared in accordance with GAAP, audited and accompanied by the report and opinion of an independent certified public accountant of recognized standing acceptable to the Required Purchasers as required by Section 7.01(a) of the Note Purchase Agreement, which report and opinion are unqualified and were prepared in accordance with generally accepted auditing standards and (ii) a written summary describing how any changes in GAAP during such period directly and materially impacted such financial statements.]
[1. Attached hereto as Schedule 1 are (i) the financial statements required by Section 7.01(b) of the Note Purchase Agreement for the fiscal quarter of the Issuer and its Subsidiaries ended as of the above date, which include a consolidated balance sheet of the Issuer and its...
