Nothing contained in Section Sample Clauses

Nothing contained in Section. 11.2 or elsewhere in this Agreement shall make Nortel liable for any incidental, indirect, consequential or special damages of any nature whatsoever for any breach of this Agreement whether the claims for such damages arise in tort, contract, or otherwise, or shall increase the liability of Nortel under Section 9 or 10 or Exhibit D beyond that prescribed therein.
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Nothing contained in Section. 9(a) shall prohibit or otherwise restrict any Shareholder from acquiring or owning, directly or indirectly, for investment or other legitimate business purposes not intended to circumvent this Agreement, securities of any entity engaged, directly or indirectly, in the juvenile retail business if either (i) such entity is a public entity and (A) is not a Controlling Person of, or a member of a group which Controls, such entity and (B) owns, directly or indirectly, no more than 5% of any class of equity securities of such entity or (ii) such entity is not a public entity and such Shareholder (X) is not a Controlling Person of, or a member of a group that Controls, such entity and (Y) owns, directly or indirectly, no more than 10% of any class of equity securities of such entity.
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Nothing contained in Section. 11.1(a) or (b) shall impair any obligation under this Agreement or any Ancillary
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Nothing contained in Section. 30.01 shall prohibit the Partnership from selling, exchanging (including, without limitation, an exchange pursuant to Section 1031 or 1033 of the Code) or otherwise disposing of any Property in violation of the restrictions set forth therein, in which case the Partnership shall deliver to each Contributor, by April 1 of the year following the year in which such violation occurs, either (A) its respective Indemnity Remedy and Loan Remedy or (B) in the case of each Morris Contributor which has elected under Section 30.01(c)(iii) to xxxxxve the Modified Loan Remedy with respect to such disposition, its respective Modified Loan Remedy. The "INDEMNITY REMEDY" shall mean, for any Contributor with respect to a Property disposed of, a payment of (i)(x) an amount equal to the Indemnity Percentage multiplied by any federal and state income tax liability suffered by it with respect to any Section 704(c) Gain allocated to it with respect to such disposition (the "TAX LIABILITY") plus (y) an additional amount such that after payment by the affected Contributor of all taxes on amounts received under the Indemnity Remedy, the affected Contributor retains an amount equal to the Indemnity Percentage multiplied by the Tax Liability or (ii) if less, in the case of ROP, the Maximum ROP Payment. The "INDEMNITY PERCENTAGE" shall be 100% for dispositions that occur prior to the one (1) year anniversary of the Closing Date with respect to such Property and shall decline in equal annual increments for dispositions that occur after each successive anniversary of such Closing Date. Such increments shall be twenty (20) percentage points with respect to any Property set forth in Schedule 12.1 or Schedule 12.2 hereto and shall be twelve-and-one-half (12.5) percentage points with respect to any Property set forth in Schedule 13 hereto. The "LOAN REMEDY" shall be an interest-free loan in the amount by which the Tax Liability exceeds the amount described in clause (i)(x) of the definition of the Indemnity Remedy. The "MODIFIED LOAN REMEDY" shall be, for any Morris Contributor with respect to a Property disposed of, an interxxx-xxee loan in the amount equal to the federal and state income tax liability suffered by such Morris Contributor with respect to any Section 704(c) Gain allocatex xx xt with respect to such disposition. Any loan made pursuant to the Loan Remedy or the Modified Loan Remedy shall be repayable in full by the relevant Contributor on April 15 of the year following the yea...
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Nothing contained in Section. 6(A) shall preclude the Executive from the use of confidential information which relates to customers or clients the Executive is permitted by Section 6(B) to transact business with following the termination of his employment.
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Nothing contained in Section. 5.1 of this Agreement shall be deemed to limit or restrict in any manner the rights of the Company pursuant to this Section 6.4.
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Nothing contained in Section. 12.3 shall impair any -------- ------------ rights or obligations of any party hereto arising prior to the time of the termination of this Agreement, or which may arise by an event causing the termination of this Agreement. The provisions of Section 5 shall survive any --------- termination of this Agreement pursuant to Section 12.3 and shall continue in ------------ full force and effect until February 4, 2018. The provisions of Section 7.7 and ----------- Article 12 shall survive the termination of this Agreement. ----------
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Nothing contained in Section. 13.1 above shall relieve Buyer of its obligation to pay any charges due hereunder. Notwithstanding the foregoing sentence, if during any Contract Year there is a period of Force Majeure which prevents Seller from supplying hydrogen in accordance with the terms and conditions contained herein, and such period exceeds thirty (30) consecutive Days, then Buyer may elect to suspend payment of the charges due hereunder for the Minimum Quantity of Hydrogen on the next Day of Force Majeure until Seller's performance hereunder resumes; provided, however, that such payment abatement shall not be available to Buyer if the Force Majeure event preventing Seller from supplying hydrogen hereunder is caused by the acts or omissions of Buyer or Xxxxx. The Supply Period shall be extended for three (3) Days for each Day of suspension of the charges in accordance with this Section at Seller's option.
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Nothing contained in Section. 12.3 or elsewhere in this Agreement shall make either party liable for any indirect, incidental, punitive, special, or consequential damages of any nature whatsoever (including any claims arising out of or in anyway related to the Programs or any lost profits of the other party, whether or not such damages are foreseeable or whether a party has been advised of the possibility of such damages) for any breach of this Agreement (except for breaches of the provisions of Articles 10, 11 or 14) whether the claims for such damages arise in tort (including negligence regardless of degree of fault), contract, or otherwise.
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Related to Nothing contained in Section

  • Pursuant to Section 2.1 of this Agreement, the Seller conveyed to the Trust all of the Seller’s right, title and interest in its rights and benefits, but none of its obligations or burdens, under the Purchase Agreement including the Seller’s rights under the Purchase Agreement and the delivery requirements, representations and warranties and the cure or repurchase obligations of AmeriCredit thereunder. The Seller hereby represents and warrants to the Trust that such assignment is valid, enforceable and effective to permit the Trust to enforce such obligations of AmeriCredit under the Purchase Agreement. Any purchase by AmeriCredit pursuant to the Purchase Agreement shall be deemed a purchase by the Seller pursuant to this Section 3.2 and the definition of Purchased Receivable.

  • Pursuant to Section 9 02 of the ------------ -------------------------- Existing Indenture, Section 10.01 of the Existing Indenture is hereby amended and restated in its entirety to read as follows:

  • Pursuant to Section 5 10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into the Guarantee Agreement as Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery, after the date hereof, by the Administrative Agent and such Subsidiary of an instrument in the form of Annex I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

  • Pursuant to Section 6 2(a) of the Collateral Agency Agreement and subject to the conditions set forth in Section 13.1(b), the Initial Beneficiary hereby designates a portion of the Closed-End Units included in the Revolving Pool for allocation to a new Reference Pool, referred to as the "20[ ]-[ ] Reference Pool," within the Closed-End Collateral Specified Interest. Upon the effectiveness of this Exchange Note Supplement, the Initial Beneficiary shall direct the Titling Trustee and the Closed-End Collateral Agent to allocate or cause to be identified and allocated on their respective books and records the "20[ ]-[ ] Reference Pool," to be separately accounted for and held in trust independently from any other Asset Pool. Such Reference Pool shall initially include the Closed-End Units identified on Schedule 1 to this Exchange Note Supplement, which Closed-End Units shall belong exclusively to the 20[ ]-[ ] Reference Pool, and all other Titling Trust Assets to the extent related to such Closed-End Units (other than cash which does not constitute Closed-End Collections received after the Cut-Off Date, as specified in Section 13.2(a)(iii)); provided, that, any Closed-End Collections received on or prior to the Cut-Off Date for any such Closed-End Units identified on Schedule 1 shall not be allocated to the 20[ ]-[ ] Reference Pool.

  • Pursuant to Section 3 03 of the Indenture Supplement, on each Distribution Date, the Indenture Trustee shall deposit into the Class A(2017-6) Interest Funding sub-Account the portion of Card Series Finance Charge Amounts allocable to the Class A(2017-6) Notes.

  • Pursuant to Section 4 01, any amounts collected by a Servicer or the Master Servicer under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with the related Servicing Agreement) shall be deposited into the Distribution Account, subject to withdrawal pursuant to Section 4.03. Any cost incurred by the Master Servicer or the related Servicer in maintaining any such insurance (if the Mortgagor defaults in its obligation to do so) shall be added to the amount owing under the Mortgage Loan where the terms of the Mortgage Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Sections 4.01 and 4.03.

  • Pursuant to Section 2 1.(b) of the Credit Agreement, the Borrower hereby requests that the Lenders make Revolving Loans to the Borrower in an aggregate principal amount equal to $ .

  • Amendment to Section 6.01. Section 6.01 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • Amendment of Section 9.2. Section 9.2 of the Credit Agreement is hereby amended to read in its entirety as follows:

  • For purposes of Sections 1.1 and 1.4, the Company shall be the designee of the Fund for receipt of purchase and redemption orders from the Account, and receipt by such designee shall constitute receipt by the Fund; provided that the Company receives the order by 4:00 p.m. Baltimore time and the Fund receives notice of such order by 9:30 a.m. Baltimore time on the next following Business Day. "Business Day" shall mean any day on which the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC.

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