Surety and Other Miscellaneous Provisions Sample Clauses

Surety and Other Miscellaneous Provisions. (a) Except as expressly set forth herein, each Guarantor hereby waives notice of any breach or default by LMC, and hereby further waives presentment, demand, notice of dishonor and protest with respect to any instrument now or hereafter evidencing any of the obligations of LMC under the Agreement giving rise to a Special Damages Breach (the “Special Damages Breach Obligations”). (b) Any act of Obligee consisting of a waiver of any of the terms, covenants or conditions of the Special Damages Breach Obligations, or the giving of any consent to any matter or thing relating to the Special Damages Breach Obligations, or the granting of any indulgences or extensions of time to LMC with respect thereto, may be done without notice to the Guarantors and without releasing the obligations of the Guarantors hereunder after giving effect to any such waiver, consent, indulgence or extension. (c) The obligations of each Guarantor hereunder shall not be reduced, released or impaired by (a) Obligee’s receipt, application or release of any security at any time given for the payment, performance or observance of any of the Special Damages Breach Obligations, or (b) the release of, or the modification of the obligations of, or the receipt of any payments from any other Guarantor or any other surety or guarantor of any of the Special Damages Breach Obligations. (d) The liability of a Guarantor hereunder shall in no way be affected by (a) the release or discharge of LMC in any creditors’, receivership, bankruptcy or other proceedings, (b) the impairment, limitation or modification of the liability of LMC or the estate of LMC in bankruptcy, or of any remedy for the enforcement of any of the Special Damages Breach Obligations resulting from the operation of any present or future provision of the Federal bankruptcy law or any other statute or the decision of any court, (c) the rejection or disaffirmance of any instrument, document or agreement evidencing any of the Special Damages Breach Obligations in any such proceedings, (d) the assignment or transfer of any of the Special Damages Breach Obligations by Obligee, (e) the dissolution or any disability or other defense of LMC, or (f) the cessation from any cause whatsoever of the liability of LMC with respect to the Special Damages Breach Obligations. (e) This Guaranty shall be binding upon Guarantor and Guarantor’s heirs, representatives and assigns, and shall inure to the benefit of Obligee and its successors, successors-in-title...
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Related to Surety and Other Miscellaneous Provisions

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Miscellaneous Provision It is hereby understood that, to be entitled to the benefits under this Agreement, the MEMBER hereby waives his/her consent to the disclosure and processing of his/her medical/health information which is determinative for the assessment of his/her coverage and necessary for the treatment of his/her illness. MediCard, its Medical Service Units/Teams and its Accredited Hospitals/Clinics are hereby released from any liability by reason of such disclosure.

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

  • Miscellaneous Powers The Trustees shall have the power to: (a) employ or contract with such Persons as the Trustees may deem desirable for the transaction of the business of the Trust; (b) enter into joint ventures, partnerships and any other combinations or associations; (c) purchase, and pay for out of Trust Property, insurance policies insuring the Shareholders, Trustees, officers, employees, agents, investment advisors, distributors, selected dealers or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such Person against such liability; (d) establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans for any Trustees, officers, employees and agents of the Trust; (e) make donations, irrespective of benefit to the Trust, for charitable, religious, educational, scientific, civic or similar purposes; (f) to the extent permitted by law, indemnify any Person with whom the Trust has dealings, including without limitation any advisor, administrator, manager, transfer agent, custodian, distributor or selected dealer, or any other person as the Trustees may see fit to such extent as the Trustees shall determine; (g) guarantee indebtedness or contractual obligations of others; (h) determine and change the fiscal year of the Trust and the method in which its accounts shall be kept; and (i) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust.

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Miscellaneous Amendments Notwithstanding anything contained herein to the contrary, whenever any of the terms “Leased Premises”, “Demised Premises” or “Premises” (and whether or not capitalized) is used herein, it shall be understood to mean the “premises leased hereby”; and whenever the term “Entire Premises” is used herein (and whether or not capitalized), it shall be understood to mean all of the contiguous land and buildings owned by Landlord at this location, which include the premises leased hereby. The term “Non-leased Premises” shall mean the Entire Premises less the Leased Premises.

  • Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 1304 in respect of the Securities of this series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities of this series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities of this series, of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Securities of this series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Defeasance or covenant Defeasance.

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Limitation on Liability of Depositor and Others The Depositor and any director, officer, employee or agent of the Depositor may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Depositor shall not be under any obligation to appear in, prosecute or defend any legal action that shall not be incidental to its obligations under this Agreement, and that in its opinion may involve it in any expense or liability.

  • Definitions and Other Provisions of General Application SECTION 101.

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