Nothing in Section 11 Sample Clauses

Nothing in Section 11. 1.1 or 11.1.2 precludes:
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Nothing in Section 11. 05(a) affects the Collateral Agent’s rights and remedies against the Developer and the Developer’s Interest under the Initial Project Financing Agreements and Financing Assignments or the procedures available to the Collatera...
Nothing in Section 11. 1.1 shall prevent any Seller from using or disclosing any such Confidential Information (i) as counsel to such Seller advises must be used or disclosed in connection with ongoing litigation or pursuant to applicable law, notice of which disclosure shall be promptly delivered to Buyer, (ii) to governmental agencies, including taxing authorities, or (iii) to such Seller’s legal, financial or other representatives for purposes of evaluating this Agreement. The term “Confidential Information” shall not include information which is or becomes published or otherwise available in the public domain.
Nothing in Section 11. 9.1 shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after the proceeding provided for in Section 11.9.1, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.
Nothing in Section 11. 1 shall prevent the Seller or any member of the Retained Group from acquiring any company or business or acquiring an interest in such company or business whether as principal, agent,
Nothing in Section 11. 1.2 shall prevent the Seller or any member of the Retained Group from offering employment to any of the employees
Nothing in Section 11. 1.1 will, or will be construed to, prevent a claim brought under the R&W Insurance Policy against the issuer thereof. The Buyer has provided BSI with a true and complete copy of the R&W Insurance Policy. The Buyer has caused, and shall continue to cause, the R&W Insurance Policy to provide that the insurer thereunder shall have no subrogation or other similar rights against any Seller or any of their respective Affiliates, except solely in the case of Fraud. The Buyer shall not amend the subrogation or third party beneficiary provisions contained in the R&W Insurance Policy or otherwise amend, modify, or waive any provision of the R&W Insurance Policy in a manner that would reasonably be expected to have an adverse effect on the Sellers or any of their respective Affiliates, in each case without the prior written consent of BSI. Except to the extent set forth in Transaction Expenses, the Buyer shall be solely responsible for the premium and any related taxes, fees, costs and expenses of or for the R&W Insurance Policy.
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Nothing in Section 11. 9.1 shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after the proceeding provided for in Section 11.9.1, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 11.9.2.2. The parties shall accept as correct, final, binding and conclusive the determination by the outside accountants then employed by the Company as to the calculation of any and all amounts owed by one party to the other hereunder, and such determination shall not be subject to the provisions of Section 11.9.1.

Related to Nothing in Section 11

  • Compliance with Certain Sections In the event that any Lien, Investment, Indebtedness (whether at the time of incurrence or upon application of all or a portion of the proceeds thereof), disposition, Restricted Payment, Affiliate transaction, Contractual Requirement, or prepayment of Indebtedness meets the criteria of one or more than one of the categories of transactions then permitted pursuant to any clause or subsection of Section 9.9 or any clause or subsection of Sections 10.1, 10.2, 10.3, 10.4, 10.5 or 10.6, then such transaction (or portion thereof) at any time shall be allocated to one or more of such clauses or subsections within the relevant sections as determined by the Borrower in its sole discretion at such time.

  • 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 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 $ .

  • 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.

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