PROVIDED HOWEVER Clause Samples

PROVIDED HOWEVER. That this permit is in force for the current season only.

PROVIDED HOWEVER neither the Borrower nor any Subsidiary shall be prohibited from withdrawing its qualification to do business in any jurisdiction from which it no longer is conducting its business.

PROVIDED HOWEVER. That this Agreement is in force for the current 2019 season only.

PROVIDED HOWEVER the Lenders and the Administrative Agent shall not be obligated by reason of this SECTION 3.01(f) to contest the payment of any Taxes or Other Taxes or to disclose any information regarding its tax affairs or tax computations or reorder its tax or other affairs or tax or other planning. Subject to the foregoing, to the extent the Borrower pays sums pursuant to this SECTION 3.01 and any Lender or the Administrative Agent receives a refund of any or all of such sums, such refund shall be applied to reduce any amounts then due and owing under this Agreement or, to the extent that no amounts are due and owing under this Agreement at the time such refunds are received, the party receiving such refund shall promptly pay over all such refunded sums to the Borrower, provided that no Default is in existence at such time.

PROVIDED HOWEVER. Grantor excepts and reserves from this conveyance, for itself and its successors and assigns, any and all oil and gas, including without limitation, coal-bed methane and all other gaseous and liquid hydrocarbons, in, on, or under the parcels or tracts of land conveyed by this Deed, together with the rights to explore for, capture, recover, extract, produce, take from, drill, transport (by pipeline or otherwise), compress, clean and otherwise treat all such oil, gas, coal-bed methane and other gaseous and liquid hydrocarbons, all so long as the exercise of such rights by Grantor, its successors and assigns (a) does not unreasonably interfere with the use by Grantee, its successors and assigns, of the tracts or parcels of property conveyed by this Deed and (b) is done in a manner which will, to the best of the ability of Grantor, its successors and assigns, preserve the value and mineability of any coal conveyed by this Deed and the ability of Grantee, its successors and assigns, to safely mine through any plugged oil, gas and coal bed methane w▇▇▇▇, it being understood that the coal estate in any of the tracts or parcels of property conveyed hereby is the DOMINANT ESTATE and the owner of the DOMINANT ESTATE shall have no duty to capture or preserve any coal-bed methane which is vented or escapes during coal mining operations, all subject however to any outstanding rights granted to others by Grantor or its predecessors in interests, prior to January 1, 2007, with respect to the oil, gas, coal-bed methane and other gaseous and liquid hydrocarbons, which are described or listed on Schedule B attached hereto and made a part hereof. TO HAVE AND TO HOLD said real properties together with all of the rights, easements, privileges, appurtenances, appendages and hereditaments thereunto belonging or in anywise appertaining unto Grantee, its successors and assigns, forever. This conveyance is made subject to any and all easements, rights-of-way, covenants and restrictions as may appear of record in the aforesaid Clerk’s office. In addition to anything set forth above, subject to such easements, rights-of-way, covenants and restrictions of record in the aforesaid Clerk’s office, and the real estate taxes assessed against the property hereby conveyed for the year 2007, which taxes have been assumed by Grantee, Grantor covenants to and with Grantee that Grantor will WARRANT SPECIALLY the title to the property hereby conveyed. Grantor, under penalty as provided by law, de...

PROVIDED HOWEVER if the amount distributed to members pursuant to clause (i) for the taxable year exceeds the Applicable Tax for such taxable year (including where the amounts included in taxable income of Holdings for such taxable year are decreased as result of an audit, amended return or otherwise), then, if the amount of such excess exceeds $100,000, it shall be an Event of Default if Holdings and such Credit Party do not promptly receive a refund of (or a capital contribution in the amount of) such excess; provided if the amount of such excess is equal to or is less than $100,000, such excess shall be credited against the next Tax Distributions permitted to be made with respect to subsequent taxable years;

PROVIDED HOWEVER that AT&T shall have no obligation to indemnify

PROVIDED HOWEVER. Buyer may, in its sole discretion, assign any or all of its rights under this Agreement to any of its Affiliates and may make an assignment of its rights under this Agreement to any lender to Buyer or its Affiliates; PROVIDED FURTHER, HOWEVER, that no such assignment shall relieve Buyer of any obligation or liability hereunder. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Except as otherwise specifically provided herein, this Agreement does not create, and shall not be construed as creating, any rights enforceable by any Person not a party to this Agreement.

PROVIDED HOWEVER. That this Agreement is in place commencing from the 2023 Season.