Xxxxxx Individually. With respect to its Commitments and the Loans made by it, and the Notes issued to it, Xxxxxx shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include Xxxxxx in its individual capacity as a Lender or one of the Requisite Lenders. Xxxxxx may lend money to, and generally engage in any kind of banking, trust or other business with any Loan Party as if it were not acting as Agent pursuant hereto.
Xxxxxx Individually and as Personal Representative of the Estate of Xxxxxx, Deceased, et al., 540 U.S. 644 (2004). 67 Cass., 8 October 2014, ECLI:FR:CCASS:2014:C101159: ‘Attendu que […] l’arrêt, après avoir rappelé les termes du compte-rendu d’incident, selon lesquels, en sortant de l’avion, la passagère, qui portait un bébé dans les bras, a manqué la marche, glissé et, est tombée, xx xxxxxxxx à xx xxxxxxxx droite, en déduit l’existence d’un accident au sens de la Convention de Montréal, en ce que, d’une part, cette chute n’est pas le résultat d’un malaise et, d’autre part, il ne saurait être reproché à Mme X… une faute dès lors que, se trouvant avec un enfant dans les bras, elle ne pouvait pas forcément voir le sol et qu’il appartenait dans ce cas au personnel de bord de l’aider voire de la décharger de l’enfant pour qu’elle puisse débarquer sans encombre; Attendu qu’en statuant ainsi, par des motifs impropres à caractériser l’imputabilité du dommage à un accident qui serait survenu lors des opérations de débarquement, ce dont il résultait l’existence d’une contestation sérieuse, la cour x’xxxxx a xxxxx xxx textes susvisés’. A contrario, in a 2016 decision, the Court of Appeal of Amsterdam suggested a certain omission could be sufficient to trigger carrier liability. However, this decision is to be read carefully, as the Court underlined that the passenger had to demonstrate the omission. See, Gerechtshof Amsterdam, 3 May 2016, ECLI:NL:GHAMS:2016:1750. 68 Oberster Gerichthof, 2 July 2015, 2 Ob 58.15s. 69 Bundesgerichthof, 21 November 2017, X ZR 30/15, ECLI:DE:BGH:2017:211117 IXZR30.15.0. 70 ICAO Doc 7838, II Conférence Internationale de Droit Privé Aérien, 4-12 Octobre 1929, Procès-Verbaux, Varsovie, 1930, p. 160: ‘Comme il s’agit de la responsabilité engagée à l’occasion d’un contrat de transport déterminé, la Convention ne s’applique évidemment qu’aux dommages causés par le matériel affecté à ce transport pour l’exécution du contrat’.
Xxxxxx Individually. With respect to its obligations under the Revolving Loan Commitment, the Loans made by it, and the Notes issued to it, Xxxxxx shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include Xxxxxx in its individual capacity as a Lender or one of the Requisite Lenders. Xxxxxx may lend money to, acquire equity or other ownership interests in, and generally engage in any kind of banking, trust or other business with any Loan Party as if it were not acting as Agent pursuant hereto.
Xxxxxx Individually. Xxxxxx Family Limited Partnership /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx, managing general partner
Xxxxxx Individually and as Personal Representative of the Estate of Xxxxxx, Deceased, et al., 540 U.S. 644 (2004). 168 Doe v. Etihad Airways, P.J.S.C., 870 F.3d 406 (6th Cir. 2017). In 2018, the US Supreme Court denied the petition to proceed to a judicial review of the decision. See, US Supreme Court, <xxxxx://xxx.xxxxxxxxxxxx.xxx/Search.aspx?FileName=/docket/docketfiles/html/ public/17-977.html> (accessed 5 May 2021). 169 See, CJEU, 22 October 2009, Xxxxx Xxxxxxxx, married name Ventouras x. Xxxxxxxxx Luftpool, Société Luxair, société luxembourgeoise de navigation aérienne SA, European Communities, Grand Duchy of Luxembourg, Foyer Assurances SA, C-301/08, ECLI:EU:C:2009:649. 170 Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), 2001/539/EC, Official Journal, 18 July 2001, L 194/38. 171 See, ICAO, <xxxxx://xxx.xxxx.xxx/secretariat/legal/List%20of%20Parties/Mtl99_ EN.pdf> (accessed 12 September 2020). and their baggage should be governed by all provisions of the Montreal Convention relevant to such liability.172 The Court of Justice of the European Union is the highest Court for interpreting European Union law.173 In contrast to decisions delivered by the French or Belgian Cours de cassation, those handed down by the CJEU are binding in each Court of the EU Member States, as confirmed by the CJEU itself, speaking with ‘authority of an interpretation’ about its decisions.174 This gives the CJEU a paramount role when it comes to the interpretation of the 1999 Montreal Convention. The reception of the 1999 Montreal Convention can be considered as falling into the category of monist systems. However, whereas the CJEU confirmed that international conventions concluded by the Union have primacy over secondary EU legislation – such as European regulations and directives175 – it also consistently considers that international conventions concluded by the EU form an integral part of EU law.176 Consequently, for the CJEU, international conventions concluded by the European Union bind Member States by virtue of their duties under EU law and not international law.177 172 Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, Official Journal, 17 October 1997, L 285/1, as amended by Regulation (EC) No 889/2002 of the European Parliament and the Council of 13 May 2002 amending Council Regulation (EC) N...
Xxxxxx Individually. With respect to its obligations under the Revolving Loan Commitment and the Loans made by it, Xxxxxx shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms “Lenders” or “Requisite Lenders” or any similar terms shall, unless the context clearly otherwise indicates, include Xxxxxx in its individual capacity as a Lender or one of the Requisite Lenders. Xxxxxx may lend money to, acquire equity or other ownership interests in, and generally engage in any kind of banking, trust or other business with any Loan Party as if it were not acting as Agent pursuant hereto.
Xxxxxx Individually. CONSENT AND AGREEMENT The undersigned hereby executes this Agreement for the sole purpose of agreeing to the provisions of Article XI of the foregoing Amended and Restated Agreement and Certificate of Limited Partnership notwithstanding any provision of the Management Agreement to the contrary. Management Agent Intervest Corporation /s/Xxxxxx Xxxxxx Xxxxxx Xxxxxx, Vice President STATE OF MISSISSIPPI ) ) ss. COUNTY OF __________________ ) BEFORE ME, the undersigned Notary Public in and for said County and State, personally appeared the above-named J. Stephen Nail, known to me to be the person who executed the foregoing instrument, and, being duly sworn, acknowledged that the statements therein contained are true and that he did sign the same is his free act and deed.
Xxxxxx Individually. With respect to its Commitments and the Loans made by it, Xxxxxx shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include Xxxxxx in its individual capacity as a Lender or one of the Requisite Lenders. Xxxxxx, either directly or through strategic affiliations, may lend money to, acquire equity or other ownership interests in, provide advisory services to and generally engage in any kind of banking, trust or other business with any Loan Party or other Affiliate of Borrower as if it were not acting as Agent pursuant hereto and without any duty to account therefor to Lenders. Xxxxxx, either directly or through strategic affiliations, may accept fees and other consideration from any Loan Party or other Affiliate of Borrower for services or loans made in connection with this Agreement or otherwise without having to account for the same to Lenders.
Xxxxxx Individually. With respect to its Revolving Loan ------------------- Commitments and the Revolving Loans made by it, and the Revolving Notes issued to it, Xxxxxx shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include Xxxxxx in its individual capacity as a Lender or one of the Requisite Lenders. Xxxxxx may lend money to, and generally engage in any kind of banking, trust or other business with any Loan Party as if it were not acting as Agent pursuant hereto.
Xxxxxx Individually. APPENDIX A STATEMENT OF WORK
