Common use of Payment of Liabilities Clause in Contracts

Payment of Liabilities. The Trust hereby agrees to assume all Liabilities of the Partnership on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption of the Liabilities, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall any personal property of such Persons or any other Trust Assets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the Partnership’s available Trust Assets in the Trust.

Appears in 5 contracts

Samples: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Liquidating Trust Agreement (Icon Income Fund Eight B Lp), Liquidating Trust Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)

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Payment of Liabilities. The Trust hereby agrees to assume all Liabilities of the Partnership Company on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption of the Liabilities, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall any personal property of such Persons or any other Trust Assets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the PartnershipCompany’s available Trust Assets in the Trust.

Appears in 5 contracts

Samples: Liquidating Trust Agreement (ICON ECI Fund Sixteen), Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.), Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.)

Payment of Liabilities. The Trust hereby agrees to assume all Liabilities of the Partnership LLC on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption of the Liabilities, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall any personal property of such Persons or any other Trust Assets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the PartnershipLLC’s available Trust Assets in the Trust.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Icon Income Fund Ten LLC), Liquidating Trust Agreement (Icon Income Fund Nine LLC)

Payment of Liabilities. The Trust hereby agrees to assume all Liabilities of the Partnership Fund on the Effective Date. Should any Liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption of the Liabilities, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall any personal property of such Persons or any other Trust Assets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities asserted against or payable out of the PartnershipFund’s available Trust Assets in the Trust.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Cornerstone Realty Fund LLC)

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Payment of Liabilities. The Trust hereby agrees to assume all Liabilities of the Partnership Assumed Obligations on the Effective Date. Should any Liability liability be asserted against the Trust as the transferee of the Trust Assets or as a result of the assumption of the LiabilitiesAssumed Obligations, the Managing Trustee may use such part of the Trust Assets as may be necessary in contesting any such Liability liability or in payment thereof. In no event shall the Managing Trustee, Beneficiaries or employees or agents of the Trust be personally liable, nor shall any personal property of such Persons or any other Trust Assets be subject to attachment, in the event the Trust Assets are not sufficient to satisfy the Liabilities liabilities asserted against or payable out of the PartnershipCompany’s available Trust Assets in the Trust.

Appears in 1 contract

Samples: Trustee Services Agreement (Macc Private Equities Inc)

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