Common use of Section 117 Force Majeure Clause in Contracts

Section 117 Force Majeure. In no event will the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee will use reasonable efforts that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 16 contracts

Samples: Subordinated Debt Indenture (Guaranty Bancshares Inc /Tx/), Senior Debt Indenture (Guaranty Bancshares Inc /Tx/), Indenture (ConnectOne Bancorp, Inc.)

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Section 117 Force Majeure. In Subject to Section 601, in no event will shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee will shall use reasonable efforts that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

Appears in 4 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy O&G LLC), Indenture (Burleson Water Resources, LLC)

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