Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal of, or premium, if any, or interest on the Bonds, except from Revenues or the proceeds of Bond Insurance, and shall not be obligated to pay the purchase price of any Bonds, except from the proceeds of the remarketing of the Bonds or from moneys paid or caused to be paid by the Borrower pursuant to Section 4.2(b) hereof. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made or caused to be made by the Borrower pursuant to this Agreement, together with other Revenues and the proceeds of Bond Insurance, including 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 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, premium or interest.
Non-Liability of the Issuer. No agreements or provisions contained in this Loan Agreement nor any agreement, covenant, or undertaking by the Issuer in connection herewith shall give rise to any pecuniary liability of the Issuer or a charge against its general credit, or shall obligate the Issuer financially in any way, except as may be payable from Payments made pursuant to the Borrower Loans and their application as provided herein. No failure of the Issuer to comply with any term, covenant, or agreement contained herein, or in any document executed by the Issuer in connection herewith, shall subject the Issuer to liability for any claim for damages, costs, or other financial or pecuniary charge, except to the extent that the same can be paid or recovered from Payments made pursuant to the Borrower Loans. Nothing herein shall 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 contained herein, or any obligations imposed upon the Issuer pursuant hereto, or the breach thereof. In making the agreements and provisions set forth in this Loan Agreement, the Issuer has not obligated itself, except with respect to the application of Payments made pursuant to the Borrower Loans hereunder.
Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal of, redemption premium, if any, and interest on the Bonds, except from Revenues as provided in the Indenture. 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 member is pledged to the payment of the principal 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 Agreement, the Bonds or the Indenture, except only to the extent amounts are received for the payment thereof from the Company under this Agreement. The Company hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by the payments made by the Company pursuant to this Agreement, together with amounts held in certain Funds and Accounts by the Trustee under the Indenture, and investment income thereon, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient to pay all principal of, redemption 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 Company shall pay such amounts as are required from time to time to prevent any deficiency or default in the payment of such principal, redemption 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 Company, 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.
Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal or Purchase Price of, premium, if any, or interest on the Series 2022A Bonds or any costs incidental thereto, except from the Series 2022A Loan Payments and the Trust Estate. Neither the faith and credit nor the taxing power of the Issuer, the Commonwealth of Kentucky or any other political subdivision or agency thereof or any political subdivision approving the issuance of the Series 2022A Bonds, nor the faith and credit of the Issuer, is pledged to the payment of the principal or Purchase Price of, premium, if any, or interest on the Series 2022A Bonds or any costs incidental thereto. 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 Series 2022A Loan Agreement, the Series 2022A Bonds or the Series 2022A Bond Indenture, except only to the extent amounts are received for the payment thereof from the Borrower under this Series 2022A Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Series 2022A Bonds are the Series 2022A Loan Payments and the Trust Estate, and hereby agrees that if the payments to be made under this Series 2022A Loan Agreement shall ever prove insufficient to pay all principal, premium, if any, and interest on the Series 2022A 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 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 when due, including without limitation any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the Issuer, the 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.
