Exculpated Persons definition

Exculpated Persons means the Trust Company (except with respect to the representations and warranties and the other obligations of the Trust Company pursuant to the Operative Agreements expressly undertaken in its individual capacity, including without limitation the representations and warranties of the Trust Company pursuant to Section 6.1 of the Participation Agreement, the obligations of the Trust Company pursuant to Section 8.2 of the Participation Agreement and the obligations of the Trust Company pursuant to the Trust Agreement), the Holders (except with respect to the obligations of the Holders pursuant to the Participation Agreement and the Trust Agreement expressly undertaken in their respective individual capacities), their officers, directors, shareholders and partners.

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Exculpated Persons means the Lessor (except with respect to the representations and warranties and the other obligations of the Lessor pursuant to the Operative Agreements expressly undertaken in its individual capacity, including the representations and warranties of the Lessor pursuant to Section 6.2 of the Participation Agreement and the obligations of the Lessor under Section 8.2 of the Participation Agreement) and its officers, directors, shareholders and partners.

Exculpated Persons has the meaning stated in Section 1.14(a).

Examples of Exculpated Persons in a sentence

• Each document that is executed by any Exculpated Persons pursuant to or in connection with this Indenture and/or any other Security Documents shall either expressly incorporate, or shall be deemed to incorporate, the provisions contained in this Section 1.14.

• Nothing herein contained, however, shall be deemed to impose personal liability on Borrower or the Exculpated Persons for repayment of the Project Loan.

• Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 10.07(d) and, to the extent expressly contemplated hereby, the Indemnitees and Exculpated Persons) any legal or equitable right, remedy or claim under or by reason of this Agreement.

• Nothing herein contained, however, shall be deemed to impose personal liability on the Borrower or the other Exculpated Persons for repayment of the Project Loan.

• The provisions of this Section 4.11 are for the benefit of the Exculpated Persons and shall not be deemed to create any rights for the benefit of other Persons.

More Definitions of Exculpated Persons

Exculpated Persons means the Borrower, the Holders, the Lessor, their officers, directors, shareholders and partners.

Exculpated Persons means the Lessor Parties (except with respect to the representations and warranties and the other obligations of the Lessor Parties pursuant to the Operative Agreements expressly undertaken in their respective individual capacities, including the representations and warranties of the Lessor Parties pursuant to Section 6.2 of the Participation Agreement and the obligations of the Lessor Parties under Section 8.2 of the Participation Agreement) and their respective Affiliates, successors, assigns, shareholders, members, managers, partners, agents, officers, directors or employees.

Exculpated Persons has the meaning set forth in Section 9.14 of the Credit Agreement.

Exculpated Persons means (i) the directors, officers and employees of the Debtors in each of the Chapter 11 Cases as of the Petition Date or that have become officers, directors or employees thereafter but prior to the Effective Date, (ii) the Debtors’ agents and Professionals, (iii) the respective members of the Committees, (iv) the Committees’ respective Professionals, (v) GE, (vi) Saratoga and (vii) the respective Affiliates, current and former officers, directors, employees, agents, stockholders, managers, advisors and professionals (including the current and former officers, directors, employees, agents, members, stockholders and professionals of the exculpated Professionals) of the foregoing exculpated persons identified in subclause (ii) above; provided, however, that the foregoing exculpated parties identified in subclasses (i) through (vii) above shall be exculpated only for liabilities arising out of actions taken in such capacity.

Exculpated Persons means to the maximum extent permitted by the Bankruptcy Code and applicable law, the Real Property Buyer and its members , attorneys, and advisors, the Debtor, its officers, directors, trustees, employees, advisors, members of its National Leadership Council, attorneys or agents acting in such capacity on or after the Petition Date.

Exculpated Persons shall have the meaning assigned to such term in Section 11.8.

Exculpated Persons means to the maximum extent permitted by the Bankruptcy Code and applicable law: (a) the Debtors; (b) the members of the Committee solely in their capacity as members of the Committee; (c) the Initial DIP Lender; (d) the Siena DIP Lender; (e) PHMC; and (f) as to the parties listed in (a) through (e), any of their respective members, officers, directors, shareholders, employees, advisors, attorneys or agents acting in such capacity on or after the Petition Date.