Common use of Non-Liability of the Issuer Clause in Contracts

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.

Appears in 1 contract

Samples: Loan Agreement (Environmental Power Corp)

AutoNDA by SimpleDocs

Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal of, redemption premium, if any, and or interest on the BondsBonds or any costs incidental thereto, except from Revenues as provided in the IndentureTrust Estate. Neither the faith and credit nor the taxing power of 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 of the Issuer or any member Issuer, is pledged to the payment of the principal 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 Loan Agreement, the Bonds or the Indenture, except only to the extent amounts are received for the payment thereof from the Company Borrower under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Company Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Bonds will be provided by is 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, Trust Estate and hereby agrees that if the payments to be made hereunder under this Loan Agreement shall ever prove insufficient to pay all principal ofprincipal, redemption 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 TrusteeTrustee or the Bondholder Representative, the Company Borrower 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 interestinterest when due, including, but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Trustee, the CompanyIssuer, the Issuer Borrower 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: Loan Agreement

Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal or Purchase Price of, redemption premium, if any, and or interest on the BondsSeries 2022A Bonds or any costs incidental thereto, except from Revenues as provided in the IndentureSeries 2022A Loan Payments and the Trust Estate. Neither the faith and credit nor the taxing power of the State Issuer, the Commonwealth of Kentucky or any other political subdivision or agency thereof or any political subdivision thereofapproving the issuance of the Series 2022A Bonds, nor the faith and credit of the Issuer or any member Issuer, is pledged to the payment of the principal or Purchase Price of, premium, if any, or interest on the BondsSeries 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 Company Borrower under this Series 2022A Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Company Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay the Series 2022A Bonds will be provided by are the payments made by Series 2022A Loan Payments and the Company pursuant to this Agreement, together with amounts held in certain Funds and Accounts by the Trustee under the Indenture, and investment income thereonTrust Estate, and hereby agrees that if the payments to be made hereunder under this Series 2022A Loan Agreement shall ever prove insufficient to pay all principal ofprincipal, redemption 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 Company Borrower 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 interestinterest when due, including, but not limited to, including without limitation any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of the Bond Trustee, the CompanyIssuer, the Issuer 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.

Appears in 1 contract

Samples: Loan Agreement

AutoNDA by SimpleDocs

Non-Liability of the Issuer. The Issuer shall not be obligated to pay the principal of, redemption premium, if any, and interest Bond Service Charges on the BondsBonds or any costs incidental thereto, except from Revenues as provided in the IndentureTrust Estate. Neither the faith and credit nor the taxing power of the State State, the Sponsoring Political Subdivisions or any other political subdivision thereof, nor the faith and credit of the Issuer or any member Issuer, is pledged to the payment of the principal of, premium, if any, or interest on the BondsBonds or any costs incidental thereto. 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 Loan Agreement, the Bonds or the Indenture, except only to the extent amounts are received for the payment thereof from the Company Borrower under this Loan Agreement, and except as may result solely from the Issuer’s own willful misconduct. The Company Borrower hereby acknowledges that the Issuer’s sole source of moneys money to repay the Bonds will be provided by is 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 thereonTrust Estate, and hereby agrees that if the payments to be made hereunder under this Loan Agreement shall ever prove insufficient to pay all principal ofprincipal, redemption premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), then upon written notice from the Trustee, the Company Borrower 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 interestinterest when due, 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.

Appears in 1 contract

Samples: Loan Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!