Limitations on definition
Limitations on responsibility The Agent shall have no responsibility to any of the Security Parties or to any of the other Finance Parties on account of:-
9.7.1 the failure of any of the Finance Parties or of any of the Security Parties to perform any of their respective obligations under the Security Documents;
9.7.2 the financial condition of any of the Security Parties;
9.7.3 the completeness or accuracy of any statements, representations or warranties made in or pursuant to any of the Security Documents, or in or pursuant to any document delivered pursuant to or in connection with any of the Security Documents;
9.7.4 the negotiation, execution, effectiveness, genuineness, validity, enforceability, admissibility in evidence or sufficiency of any of the Security Documents or of any document executed or delivered pursuant to or in connection with any of the Security Documents. \P1\3522333.10
Limitations on. RELEASES. ▇▇▇▇▇▇▇ has accrued as of the Termination Date certain vested rights to benefits under one or more employee pension benefit plans (as defined in the Employee Retirement Income Security Act of 1974, as amended) maintained by the Company. ▇▇▇▇▇▇▇ shall be entitled to receive his vested accrued benefits under such employee pension benefit plans in accordance with their respective terms. The releases contained in this document do not waive or otherwise affect ▇▇▇▇▇▇▇'▇ rights to such vested accrued benefits. Similarly, the Company has certain rights under the Inventions Agreement, the Notes, the Stock Restriction Agreements, the Stock Pledge Agreements and the Option Agreement, as modified by the provisions of Sections 3, 4 and 5 above (the "▇▇▇▇▇▇▇ Agreements"). The releases contained in this document do not waive or otherwise affect (except as specified in Sections 3, 4 and 5 above) the Company's rights under the ▇▇▇▇▇▇▇ Agreements.
Limitations on. Actions that Can Increase Pre-Closing Period or Straddle Period Taxes. Neither the Purchaser nor any of its Affiliates (including, after the Closing, the Company) shall (i) make or change any Tax election applicable to any Pre-Closing Period or Straddle Period, provided, however that the Purchaser and its Affiliates shall be entitled to make an Election with respect to the Company, (ii) amend or file any Tax Return relating to a Pre-Closing Period or Straddle Period except as contemplated by this Article VI, and (iii) except as contemplated pursuant to this Article VI, take any action relating to a Pre-Closing Period or Straddle Period that results in any increased Tax liability (including, without limitation, a reduction in a refund) or reduction of any Tax asset of Seller or the Company in respect of a Pre-Closing Tax Period or the portion of any Straddle Period ending on the Closing Date.
Examples of Limitations on in a sentence
If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Effective as of January 1, 2004; Revised as of February 26, 2004 High Cost Home Loan New York N.Y. Banking Law Article 6-l Effective for applications made on or after April 1, 2003 High Cost Home Loan North Carolina Restrictions and Limitations on High Cost Home Loans, N.C. Gen.
More Definitions of Limitations on
Limitations on. Investments in Senequier Holdings, L.P. (the "Partnership"). Notwithstanding anything to the contrary contained in this Agreement, after September 28, 2001, Borrower and Subsidiaries of Borrower shall not make any Investments, as said term is defined in Paragraph 4 of the Second Modification Agreement dated June 29, 2000, in the Partnership."
(h) The following additional covenant is hereby added to Article VI of the Loan Agreement.
Limitations on. RESPONSIBILITY The Agent shall have no responsibility to any of the Security Parties or to the Banks on account of:-
10.7.1 the failure of a Bank or of any of the Security Parties to perform any of their respective obligations under the Security Documents;
10.7.2 the financial condition of any of the Security Parties;
10.7.3 the completeness or accuracy of any statements, representations or warranties made in or pursuant to any of the Security Documents, or in or pursuant to any document delivered pursuant to or in connection with any of the Security Documents;
10.7.4 the negotiation, execution, effectiveness, genuineness, validity, enforceability, admissibility in evidence or sufficiency of any of the Security Documents or of any document executed or delivered pursuant to or in connection with any of the Security Documents.
Limitations on. DTI's Commercialization of Non-Selected and Discontinued Compounds.
(a) DTI shall have the right to develop, make, use and sell, with the right to sublicense, any Non-Selected Compound, Discontinued Compound provided such Non-Selected or Discontinued Compound, in the opinion of MRE, does not have any indication or field of use equivalent to that of a Selected Compound, Licensed Product or Co-Promoted Product and will not compete directly or indirectly with any Selected Compound, Licensed Product or Co-Promoted Product (such as by being usable for any indication, whether or not FDA Approved, which is the same as the FDA Approved field of use or indication therefor).
(b) Notwithstanding anything to the contrary contained herein, if at any time MRE documents to DTI that a commercialized Non-Selected Compound or Discontinued Compound is being used for a field of use or indication, whether or not FDA Approved, which is the same as the FDA Approved field of use or indication or for a Selected Compound, Licensed Product or Co-Promoted Product, MRE shall engage a nationally recognized independent accounting firm to estimate the amount of revenue MRE has lost and will lose in the future as a result of such use. DTI agrees that MRE shall be entitled to recover the amount thereof from DTI first through offsets against license fees, milestones, royalties or other monies payable to DTI pursuant to this Agreement, and secondly through royalties on sales of the subject Non-Selected or Discontinued Compound and last, if the foregoing is insufficient, through a reasonable mechanism to be mutually agreed by the parties. In addition to such recovery, MRE shall be entitled to seek injunctive relief enjoining the further manufacture and sale of the subject Non-Selected Compound or Discontinued Compound, without the need for MRE to post a bond or other security.
Limitations on. ALLOCATIONS: SECTIONS 3.07 THROUGH 3.19 [NOTE: Sections 3.07 through 3.10 apply only to Participants in this Plan who do not participate, and who have never participated, in another qualified plan or in a welfare benefit fund (as defined in Code Section 419(e)) maintained by the Employer.]
Limitations on. USE The licenses granted in Section 2.1 above is for use in normal medical practice, and you are not licensed or authorized to include, or use in any manner, or to provide to any third party for such inclusion or use, any test results derived from any of the Products and/or the Licensed Software, for the purpose of seeking or obtaining any regulatory approval from any governmental or regulatory agency of any diagnostic or therapeutic claim, or medical Products, pharmaceutical or other therapeutic or diagnostic product. Without derogating from the generality of the foregoing, the inclusion by you or any third party of any results of any type, derived through the use of the Products and/or the Licensed Software, in any regulatory filing for the purpose of supporting, or obtaining any such approval, without the prior written consent of Itamar is expressly prohibited. THIS LIMITATION REFERS SOLELY TO THE SEEKING OR OBTAINING OF DIAGNOSTIC OR THERAPEUTIC CLAIMS AND NOTHING IN THIS AGREEMENT, INCLUDING THIS LIMITATION ON USE, IS INTENDED, IN ANY MANNER, TO RESTRICT THE REPORTING OF INFORMATION REGARDING THE PRODUCT AND/OR LICENSED SOFTWARE IN ACCORDANCE WITH THE REPORTING REGULATIONS OF ANY GOVERNMENTAL OR REGULATORY AGENCY.
Limitations on. SECURITY TRUSTEE'S RESPONSIBILITY 7.5 The Security Trustee is not to:
Limitations on responsibility The Agent shall have no responsibility to any Security Party or to any Lender on account of: