RELATIONSHIP OF PARTICIPANTS. 30.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other Project Agreements. 30.2 The Participants hereby elect to be excluded from the application of Subchapter “K” of Chapter 1 of Subtitle “A” of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Participants under the Project Agreements.
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Samples: Participation Agreement (El Paso Electric Co /Tx/), Participation Agreement (El Paso Electric Co /Tx/)
RELATIONSHIP OF PARTICIPANTS. 30.1 41.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the ParticipantsPar-ticipants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without with-out its express written consent, except as expressly provided in this Participation Agreement or other Project Agreementsherein.
30.2 41.2 The Participants hereby elect to be excluded from the application of Subchapter “K” of Chapter 1 of Subtitle “A” of the Internal Revenue Code of 19541986, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his its delegate insofar as such Subchaptersubchapter, or any portion or portions thereof, may be applicable to the Participants under the Project AgreementsParti-cipants hereunder.
Appears in 2 contracts
Samples: San Juan Project Participation Agreement (Public Service Co of New Mexico), San Juan Project Participation Agreement (Public Service Co of New Mexico)
RELATIONSHIP OF PARTICIPANTS. 30.1 29.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and and, except as expressly provided in the Project Agreements, nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other the Project Agreements.
30.2 29.2 The Participants Co-Tenants hereby elect to be excluded from the application of Subchapter “"K” " of Chapter 1 of Subtitle “"A” " of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Participants Co-Tenants under the Project Agreements.
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Samples: Participation Agreement (Pinnacle West Capital Corp)
RELATIONSHIP OF PARTICIPANTS. 30.1 23.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and and, except as expressly provided in the Project Agreements, nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other the Project Agreements.
30.2 23.2 The Participants Co-Tenants hereby elect to be excluded from the application of Subchapter “"K” " of Chapter 1 of Subtitle “"A” " of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate delegate, insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Participants Co-Tenants under the Project Agreements.
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RELATIONSHIP OF PARTICIPANTS. 30.1 29.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and and, except as expressly provided in the Project Agreements, nothing herein contained shall ever -47- <PAGE> be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other the Project Agreements.
30.2 29.2 The Participants Co-Tenants hereby elect to be excluded from the application of Subchapter “"K” " of Chapter 1 of Subtitle “"A” " of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Participants Co-Tenants under the Project Agreements.
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RELATIONSHIP OF PARTICIPANTS. 30.1 41.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other Project Agreementsherein.
30.2 41.2 The Participants hereby elect to be excluded from the application of Subchapter “"K” " of Chapter 1 of Subtitle “"A” " of the Internal Revenue Code of 19541986, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his its delegate insofar as such Subchaptersubchapter, or any portion or portions thereof, may be applicable to the Participants under the Project Agreementshereunder.
Appears in 1 contract
Samples: Participation Agreement (Public Service Co of New Mexico)
RELATIONSHIP OF PARTICIPANTS. 30.1 27.1 The covenants, obligations and liabilities of the Participants are intended to be several and not joint or collective and nothing herein contained shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation obligation or liability on or with regard to any one or more of the Participants. Each Participant shall be individually responsible for its own covenants, obligations and liabilities as herein provided. No Participant or group of Participants shall be under the control of or shall be deemed to control any other Participant or the Participants as a group. No Participant shall be the agent of or have a right or power to bind any other Participant without its express written consent, except as expressly provided in this Participation Agreement or other Project Agreements.
30.2 27.2 The Participants hereby elect to be excluded from the application of Subchapter “"K” " of Chapter 1 of Subtitle “"A” " of the Internal Revenue Code of 1954, or such portion or portions thereof as may be permitted or authorized by the Secretary of the Treasury or his delegate insofar as such Subchapter, or any portion or portions thereof, may be applicable to the Participants under the Project Agreements.
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