Notwithstanding the provisions of Section Sample Clauses

Notwithstanding the provisions of Section. 11.2 OR ANY OTHER ------------------------------------------------------------------ PROVISION OF THIS AGREEMENT, CALYPSO SHALL NOT BE LIABLE FOR INCIDENTIAL, -------------------------------------------------------------------------------- INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER FOR ANY -------------------------------------------------------------------------------- ACTION ARISING UNDER THIS AGREEMENT. ---------------------------------------
Sample 1
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Notwithstanding the provisions of Section. 1.1, in the event that Landlord is delayed, by reason of any strike, labor dispute, fire or other casualty, or for any other reason which is beyond Landlord's reasonable control or which is not reasonably foreseeable, in having the present occupant vacate the Demised Premises and in delivering possession thereof to Tenant on January 10, 1989, Landlord shall have no liability to Tenant on account of such delay and the Term Commencement Date shall be deferred until vacant possession of the Demised Premises is delivered to Tenant by Landlord.
Sample 1
Notwithstanding the provisions of Section. 10.1(a), a Receiving Party may disclose Confidential Information to its employees, contractors, agents, legal and accounting advisors, and other representatives (collectively, “Representatives”) who need to know such Confidential Information but only if such Representatives have agreed to be bound by the provisions of this Article 10 or are otherwise subject to a duty of confidentiality no less stringent than that set forth in this Article 10. The Receiving Party shall make commercially reasonable efforts to ensure that all of its Representatives to whom Confidential Information is disclosed comply with the requirements of this Article 10 and with the terms of any third-party agreement under which the Confidential Information of any Third Party is disclosed (to the extent the Receiving Party is made aware of such terms). The Receiving Party agrees and acknowledges that it shall be held accountable for disclosures in contravention of this Article 10 by its Representatives. Additionally, a Receiving Party may disclose Confidential information to a Third Party in connection with a bona fide negotiation regarding the sale, whether direct or indirect, of all or any portion of the Receiving Party’s Membership Interest, provided that such Third Party shall have agreed to be bound by the provisions of this Article 10 or is otherwise subject to a duty of confidentiality no less stringent than that set forth in this Article 10. The Receiving Party agrees and acknowledges that it shall be held accountable for disclosures in contravention of this Article 10 by such Third Party.
Sample 1

Related to Notwithstanding the provisions of Section

  • 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.

  • 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 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.

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

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

  • Amendment of Section 10 1. Section 10.1 of the Note Agreement is amended to read in its entirety as follows:

  • Amendment of Section 6 14. Section 6.14 of the Credit Agreement is amended to read as follows:

  • Amendment of Section 7 2.10(f). Clause (iii) of Section 7.2.10(f) of the Credit Agreement is hereby amended and restated in its entirety to the following:

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