Common use of Special Exculpation Clause in Contracts

Special Exculpation. NO CLAIM MAY BE MADE BY THE SPONSOR OR ANY ------------------- OTHER PERSON AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENT, THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS EQUITY SUPPORT GUARANTEE OR ANY OTHER PROJECT DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE SPONSOR HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR. EQUITY SUPPORT GUARANTEE ------------------------

Appears in 1 contract

Samples: Equity Support Guarantee (Edison Mission Energy)

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Special Exculpation. NO CLAIM MAY BE MADE BY THE SPONSOR BORROWER, ANY OF ITS AFFILIATES, ANY PARTY TO THIS AGREEMENT OR THE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY ------------------- OTHER PERSON OF THEM AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENT, THE ADMINISTRATIVE EITHER AGENT OR ANY OTHER SECURED PARTY LENDER OR THE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS EQUITY SUPPORT GUARANTEE AGREEMENT OR ANY OTHER PROJECT TRANSACTION DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH THEREWITH, AND THE SPONSOR BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR. EQUITY SUPPORT GUARANTEE ------------------------.

Appears in 1 contract

Samples: Credit Agreement (Ormat Technologies, Inc.)

Special Exculpation. NO CLAIM MAY BE MADE BY THE SPONSOR BORROWER, ANY OF ITS AFFILIATES, ANY PARTY TO THIS AGREEMENT OR THE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY ------------------- OTHER PERSON OF THEM AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENT, THE ADMINISTRATIVE EITHER AGENT OR ANY OTHER SECURED PARTY LENDER OR THE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS EQUITY SUPPORT GUARANTEE AGREEMENT OR ANY OTHER PROJECT TRANSACTION DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH THEREWITH, AND THE SPONSOR BORROWER HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX SUE UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED ACCRXXX AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR. EQUITY SUPPORT GUARANTEE ------------------------.

Appears in 1 contract

Samples: Credit Agreement (Ormat Technologies, Inc.)

Special Exculpation. NO CLAIM MAY BE MADE BY THE SPONSOR ANY PARTY HERETO OR ANY ------------------- OTHER PERSON AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENTOTHER PARTY HERETO, THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY LENDER OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS EQUITY SUPPORT SUBSIDIARY GUARANTEE OR ANY OTHER PROJECT DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBYTRANSACTIONS, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE SPONSOR EACH PARTY HERETO HEREBY WAIVES, RELEASES AND AGREES AGREES, FOR ITSELF AND THOSE WHO CLAIM THROUGH IT, NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR. EQUITY SUPPORT GUARANTEE ------------------------.

Appears in 1 contract

Samples: Credit Agreement (Midwest Generation LLC)

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Special Exculpation. NO CLAIM MAY BE MADE BY THE SPONSOR GUARANTOR OR ------------------- ANY ------------------- OTHER PERSON AGAINST THE COLLATERAL AGENT, THE DEPOSITARY AGENT, THE ADMINISTRATIVE AGENT OR ANY OTHER SECURED PARTY OR THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS EQUITY SUPPORT MASTER GUARANTEE OR ANY OTHER PROJECT DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR ANY ACT, OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH AND THE SPONSOR GUARANTOR HEREBY WAIVES, RELEASES AND AGREES NOT TO XXX UPON ANY CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR. EQUITY SUPPORT GUARANTEE ------------------------.

Appears in 1 contract

Samples: Master Guarantee and Support Instrument (Edison Mission Energy)

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