Common use of Non-Liability of Issuer Clause in Contracts

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, premium, if any, or interest on the Bonds or any costs incidental thereto, except from the Trust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bonds, nor the faith and credit of the Issuer, is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing power. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers hereby acknowledge that the Issuer’s sole source of moneys to repay the Bonds is the Trust Estate, and hereby agrees that if the payments to be made under this Loan Agreement shall ever prove insufficient to pay all principal of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto, then upon notice or demand from the Bond Trustee, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the Issuer, any Borrower or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, premium, if any, (or Redemption Price) of or interest on the Bonds or any costs incidental theretoBonds, except from the Trust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bondsthereof, nor the faith and credit of the Issuer, Issuer or any member is pledged to the payment of the principal (or Redemption Price) of, premium, if any, or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing powerBonds. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, actions of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Financing Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers Borrower under this Loan Agreement, and except as may result solely Financing Agreement or from the Issuer’s own willful misconductMBS. The Borrowers Borrower hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estate, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal (or Redemption Price) of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principalprincipal (or Redemption Price) of, premium, if any, or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the IssuerBorrower, any Borrower the Issuer or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, premium, if any, (or redemption price) of or interest on the Bonds or any costs incidental theretoBonds, except from Revenues and other moneys and assets received by the Trust EstateTrustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bondsthereof, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal of, premium, if any, (or redemption price) or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing powerBonds. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Financing Agreement, the Bonds Bonds, the Indenture or the any other Bond IndentureDocument or Bond Mortgage Loan Document, except only to the extent amounts are received for the payment thereof from the Borrowers Borrower under this Loan Financing Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers Borrower hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estatepayments made by the Borrower pursuant to this Financing Agreement, together with investment income on certain funds and accounts held by the Trustee under the Indenture, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal of, premium, if any, (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, principal (or redemption price) or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the IssuerBorrower, any Borrower the Issuer or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, or premium, if any, or interest on on, the Bonds or any costs incidental theretoBonds, except from the Trust Estate. Neither the faith Revenues and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bonds, nor the faith and credit of the Issuer, is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing power. The Issuer shall not be directlyobligated to pay the Purchase Price of the Bonds except from amounts available for such payments under the Indenture, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers under this Loan Agreement, Guaranty and except as may result solely from the Issuer’s own willful misconductany Letter of Credit. The Borrowers Borrower hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estatepayments made by the Borrower pursuant to this Agreement, together with amounts received by the Trustee under the Guaranty or the Letter of Credit, if any, investment income on certain funds and accounts held by the Trustee under the Indenture, and other Revenues with respect to the Bonds, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal and Purchase Price of, and premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premiumPurchase Price, if any, premium or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the Borrower, the Issuer, any Borrower the Credit Provider, if any, or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, premium, if any, of or interest on the Bonds or any costs incidental theretoBonds, except from Revenues and other moneys and assets received by the Trust EstateTrustee pursuant to the Agreement. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving (including the issuance of the BondsProgram Participants), nor the faith and credit of the Issuer, Issuer is pledged to the payment of the principal of, premium, if any, (or Redemption Price) or interest on the Bonds or any costs incidental theretoBonds. The Neither the Issuer has no taxing power. The Issuer nor the Program Participants shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan the Agreement, the Bonds or the Bond this Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers Company under this Loan the Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers Trustee hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estatepayments made by the Company to the Trustee pursuant to the Agreement, together with investment income on certain funds and accounts held by the Trustee under this Indenture, and hereby agrees that if the payments to be made under this Loan the Agreement shall ever prove insufficient to pay all principal of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon the Trustee shall give notice or demand from to the Bond Trustee, the Borrower Representative shall Company in accordance with Section 11.2 of this Indenture to pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, principal or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the IssuerCompany, any Borrower the Issuer or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, or premium, if any, or interest on on, or Purchase Price of, the Bonds or any costs incidental theretoBonds, except from the Trust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bonds, nor the faith and credit of the Issuer, is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or any costs incidental theretoRevenues. The Issuer has no taxing power. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers Company hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estatepayments made by the Company pursuant to this Agreement, together with other Revenues with respect to the Bonds, including amounts received by the Trustee under the Letter of Credit or a Guaranty and investment income on certain funds and accounts held by the Trustee under the Indenture, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal of, and Purchase Price of and premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative Company shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, premium or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the Company, the Issuer, any Borrower the Credit Provider, if any, or any third party, subject . Nothing contained in this Agreement or the Indenture is intended to impose any pecuniary liability on the Issuer nor shall it in any way obligate the Issuer to pay any debt or meet any financial obligations to any right person at any time in relation to the Project except from moneys received under the provisions of reimbursement this Agreement or the Indenture or from the Bond Trusteeexercise of the Issuer’s rights hereunder or under the Indenture, other than moneys received for its own purposes. No covenant or agreement contained in the Bonds or in this Agreement shall be deemed to be the covenant or agreement of any member, officer, agent (including, but not limited to its legal counsel), or employee of the Issuer in his individual capacity. No recourse shall be had for the payment of the principal of, the interest on, or the premium (if any) payable upon the redemption of, any Bonds or for any claim based thereon or on this Agreement against the Issuer or any member, officer, agent or employee, past, present or future, of the Issuer or of any successor corporation, as such, either directly or through the Issuer or any such third partysuccessor corporation whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise, all such liability of the Issuer and such members, officers, agents or employees being released as a condition of and as consideration for the case may beexecution of this Agreement and the issuance of the Bonds. It is expressly agreed and understood that the obligations of the Issuer hereunder, thereforand under the Bonds and elsewhere, are solely corporate obligations of the Issuer to the extent specifically limited in the Act and as further limited by this Section and that no personal liability whatsoever shall attach to or shall be incurred by the Issuer or its members, officers, employees or agents, past, present or future, of the Issuer or of any successor of the Issuer, or any of them, because of such indebtedness or by reason of any obligation, covenant or agreement contained herein, in the Indenture, in the Bonds or implied therefrom.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, or premium, if any, or interest on on, or Purchase Price of, the Bonds or any costs incidental theretoBonds, except from the Trust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bonds, nor the faith and credit of the Issuer, is pledged to the payment of the principal of, premium, if any, or interest on the Bonds or any costs incidental theretoRevenues. The Issuer has no taxing power. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers Company hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estatepayments made by the Company pursuant to this Agreement, together with other Revenues with respect to the Bonds, including amounts received by the Trustee under the Guaranty, or the Letter of Credit and investment income on certain funds and accounts held by the Trustee under the Indenture, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal of, and Purchase Price of and premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative Company shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, premium or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the Company, the Issuer, any Borrower the Credit Provider, if any, or any third party, subject . Nothing contained in this Agreement or the Indenture is intended to impose any pecuniary liability on the Issuer nor shall it in any way obligate the Issuer to pay any debt or meet any financial obligations to any right person at any time in relation to the Facility except from moneys received under the provisions of reimbursement this Agreement or the Indenture or from the Bond Trusteeexercise of the Issuer’s rights hereunder or under the Indenture, the Issuer or any such third party, as the case may be, thereforother than moneys received for its own purposes.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal of, premium, if any, (or redemption price) of or interest on the Bonds or any costs incidental theretoBonds, except from revenues and other moneys and assets received by the Trust EstateLender on behalf of the Issuer pursuant to this Agreement. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof of California or any political subdivision approving the issuance of the Bondsthereof, nor the faith and credit or the taxing power of the Issuer, Issuer is pledged to the payment of the principal of, premium, if any, (or redemption price) or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing powerBonds. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Agreement, any of the other Loan AgreementDocuments, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers Borrower under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrowers Borrower hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by payments made by the Trust EstateBorrower pursuant to this Agreement and the receipt of other revenues, together with investment income on certain funds and accounts held by the Lender under the Indenture, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal of, premium, if any, (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond TrusteeLender, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, premium, if any, principal (or redemption price) or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond TrusteeLender, the IssuerBorrower, any Borrower the Issuer or any third party, subject to any right of reimbursement from the Bond TrusteeLender, the Issuer or any such third party, as the case may be, therefor, but solely, in the case of the Issuer, from the revenues other than with respect to any deficiency caused by the gross negligence or willful misconduct of the Issuer.

Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or Redemption Price) of, premium, if any, or interest on the Bonds or any costs incidental theretoBonds, except from the Trust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Bondsthereof, nor the faith and credit of the Issuer, Issuer or any member is pledged to the payment of the principal (or Redemption Price) of, premium, if any, or interest on the Bonds or any costs incidental thereto. The Issuer has no taxing powerBonds. The Issuer shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Loan Financing Agreement, the Bonds or the Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrowers Borrower under this Loan Agreement, and except as may result solely Financing Agreement or from the Issuer’s own willful misconductMBS. The Borrowers Borrower hereby acknowledge acknowledges that the Issuer’s sole source of moneys to repay the Bonds is will be provided by the Trust Estate, and hereby agrees that if the payments to be made under this Loan Agreement hereunder shall ever prove insufficient to pay all principal (or Redemption Price) of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise) or any costs incidental thereto), then upon notice or demand from the Bond Trustee, the Borrower Representative shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principalprincipal (or Redemption Price) of, premium, if any, or interest, or costs incidental thereto when due including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the IssuerBorrower, any Borrower the Issuer or any third party, subject to any right of reimbursement from the Bond Trustee, the Issuer or any such third party, as the case may be, therefor.