Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption price) of or interest on the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal (or redemption price) or interest on the Bonds. The Issuer shall not be 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 Financing Agreement, the Bonds, the Indenture or any other Bond Document or Bond Mortgage Loan Document, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing Agreement. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments 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 hereunder shall ever prove insufficient to pay all principal (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the Trustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the Borrower, the Issuer or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
Appears in 1 contract
Samples: Financing Agreement
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption price) of of, premium, if any, or interest on the BondsBonds or any costs incidental thereto, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing AgreementTrust Estate. Neither the faith and credit nor the taxing power of any Sponsor, any Member, the State or any other political subdivision thereofor agency thereof or any political subdivision approving the issuance of the Bonds, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal (or redemption price) of, premium, if any, or interest on the BondsBonds 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 Financing Loan Agreement, the Bonds, Bonds or the Indenture or any other Bond Document or Bond Mortgage Loan DocumentIndenture, except only to the extent amounts are received for the payment thereof from the Borrower Borrowers under this Financing Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrower Borrowers hereby acknowledges acknowledge that the Issuer’s sole source of moneys to repay the Bonds will be provided by is the payments made by the Borrower pursuant to this Financing Agreement, together with investment income on certain funds and accounts held by the Trustee under the IndentureTrust Estate, and hereby agrees that if the payments to be made hereunder under this Loan Agreement 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 principal (or redemption price) 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 BorrowerIssuer, 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.
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Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (of, or redemption price) of premium, if any, or interest on on, the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal (or redemption price) or interest on the Bonds. The Issuer shall not be liable obligated to pay the Purchase Price of the Bonds except from amounts available for any costssuch payments under the Indenture, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Financing Agreement, the Bonds, the Indenture or Guaranty and any other Bond Document or Bond Mortgage Loan Document, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing AgreementLetter of Credit. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower pursuant to this Financing 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 hereunder shall ever prove insufficient to pay all principal (or redemption price) 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), then upon notice from the Trustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) principal, Purchase Price, premium or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the Borrower, the Issuer Issuer, the Credit Provider, if any, or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
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Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption priceRedemption Price) of or interest on the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing AgreementTrust Estate. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit of the Issuer or any taxing power of the Issuer, member is pledged to the payment of the principal (or redemption priceRedemption Price) of, premium, if any, or interest on the Bonds. The Issuer shall not be 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 Financing Agreement, the Bonds, Bonds or the Indenture or any other Bond Document or Bond Mortgage Loan DocumentIndenture, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing AgreementAgreement or from the MBS. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower pursuant to this Financing Agreement, together with investment income on certain funds and accounts held by the Trustee under the IndentureTrust Estate, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient to pay all principal (or redemption priceRedemption Price) of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the Trustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption priceRedemption Price) of, premium, if any, or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the Borrower, the Issuer or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
Appears in 1 contract
Samples: Financing Agreement
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption price) of or interest on the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing the Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereofthereof (including the Program Participants), nor the faith and credit or any taxing power of the Issuer, Issuer is pledged to the payment of the principal (or redemption priceRedemption Price) or interest on the Bonds. The Neither the Issuer nor the Program Participants shall not be 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 Financing the Agreement, the Bonds, the Indenture Bonds or any other Bond Document or Bond Mortgage Loan Documentthis Indenture, except only to the extent amounts are received for the payment thereof from the Borrower Company under this Financing the Agreement. The Borrower Trustee hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower Company to the Trustee pursuant to this Financing the Agreement, together with investment income on certain funds and accounts held by the Trustee under the this Indenture, and hereby agrees that if the payments to be made hereunder under the Agreement shall ever prove insufficient to pay all principal (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon the Trustee shall give notice from to the Trustee, the Borrower 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 (or redemption price) or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the BorrowerCompany, the Issuer or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
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Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (of, or redemption price) of premium, if any, or interest on on, or Purchase Price of, the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal (or redemption price) or interest on the BondsRevenues. The Issuer shall not be 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 Financing Agreement, the Bonds, the Indenture or any other Bond Document or Bond Mortgage Loan Document, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing Agreement. The Borrower Company hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower Company pursuant to this Financing 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 hereunder shall ever prove insufficient to pay all principal (or redemption price) 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), then upon notice from the Trustee, the Borrower Company shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) principal, premium or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the BorrowerCompany, the Issuer, the Credit Provider, if any, or any third party. 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 person at any time in relation to the Project except from moneys received under the provisions of this Agreement or the Indenture or from the exercise 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 third partymember, subject to officer, agent or employee, past, present or future, of the Issuer or of any right of reimbursement from the Trusteesuccessor 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.
Appears in 1 contract
Samples: Loan Agreement (Potlatch Corp)
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption price) of or interest on the Bonds, except from Revenues and other moneys money and assets received by the Trustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit of the Issuer or any taxing power of the Issuer, member is pledged to the payment of the principal (or redemption price) or interest on the Bonds. The Issuer shall not be 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 Financing Agreement, the Bonds, Bonds or the Indenture or any other Bond Document or Bond Mortgage Loan DocumentIndenture, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing Agreement. The Borrower hereby acknowledges that the Issuer’s 's sole source of moneys money to repay the Bonds will be provided by the payments 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 hereunder shall ever prove insufficient to pay all principal (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the Trustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the Borrower, the Issuer or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
Appears in 1 contract
Samples: Financing Agreement
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption priceRedemption Price) of of, premium, if any, or interest on the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing AgreementTrust Estate. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit of the Issuer or any taxing power of the Issuer, member is pledged to the payment of the principal (or redemption priceRedemption Price) of, premium, if any, or interest on the Bonds. The Issuer shall not be 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 Financing Agreement, the Bonds, Bonds or the Indenture or any other Bond Document or Bond Mortgage Loan DocumentIndenture, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing AgreementAgreement or from the MBS. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower pursuant to this Financing Agreement, together with investment income on certain funds and accounts held by the Trustee under the IndentureTrust Estate, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient to pay all principal (or redemption priceRedemption Price) of, premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the Trustee, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption priceRedemption Price) of, premium, if any, or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the Borrower, the Issuer or any third party, subject to any right of reimbursement from the Trustee, the Issuer or any such third party, as the case may be, therefor.
Appears in 1 contract
Samples: Financing Agreement
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (or redemption price) of or interest on the Bonds, except from Revenues revenues and other moneys and assets received by the Trustee Lender on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State of California or any political subdivision thereof, nor the faith and credit or any the taxing power of the Issuer, Issuer is pledged to the payment of the principal (or redemption price) or interest on the Bonds. The Issuer shall not be 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 Financing Agreement, any of the Bondsother Loan Documents, the Indenture Bonds or any other Bond Document or Bond Mortgage Loan Documentthe Indenture, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing Agreement. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower pursuant to this Financing AgreementAgreement and the receipt of other revenues, together with investment income on certain funds and accounts held by the Trustee Lender under the Indenture, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient to pay all principal (or redemption price) and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon notice from the TrusteeLender, the Borrower shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the TrusteeLender, the Borrower, the Issuer or any third party, subject to any right of reimbursement from the 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.
Appears in 1 contract
Samples: Construction Loan Agreement
Non-Liability of Issuer. The Issuer shall not be obligated to pay the principal (of, or redemption price) of premium, if any, or interest on on, or Purchase Price of, the Bonds, except from Revenues and other moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Financing Agreement. Neither the faith and credit nor the taxing power of the State or any political subdivision thereof, nor the faith and credit or any taxing power of the Issuer, is pledged to the payment of the principal (or redemption price) or interest on the BondsRevenues. The Issuer shall not be 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 Financing Agreement, the Bonds, the Indenture or any other Bond Document or Bond Mortgage Loan Document, except only to the extent amounts are received for the payment thereof from the Borrower under this Financing Agreement. The Borrower Company hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Borrower Company pursuant to this Financing 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 hereunder shall ever prove insufficient to pay all principal (or redemption price) 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), then upon notice from the Trustee, the Borrower Company shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal (or redemption price) principal, premium or interest, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the BorrowerCompany, the Issuer Issuer, 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 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.
Appears in 1 contract