Whether or not the Sample Clauses

Whether or not the proceeds from the Receivables Collateral shall be sufficient for that purpose, Borrower shall pay when due all payments required to be made pursuant to the Receivables Note, Working Capital Note and other Receivables Loan Documents; and any and all amounts payable by Borrower under the Receivables Note, Working Capital Note and other Receivables Loan Documents shall be paid without notice (except as otherwise expressly provided therein), demand, counterclaim, set-off, deduction, recoupment or defense, and without abatement, suspension, deferment, diminution or proration by reason of any circumstance or occurrence whatsoever, Borrower's Obligation to make such payments being absolute and unconditional.
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Whether or not the. Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under Section 18.1(1) or 18.1(2) above with respect to the Aircraft or any Item, the Lessor, by written notice to the Lessee specifying a payment date not earlier than ten (10) days from such written notice, may demand that the Lessee pay to the Lessor and the Lessee shall pay to the Lessor, on the payment date specified in such notice, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent for the Item due for periods commencing on or after the date specified for payment in such notice), any unpaid Basic Rent for the Aircraft due for periods prior to the payment date specified in such notice plus whichever of the following amounts the Lessor, in its sole discretion, shall specify in such notice: (A) an amount equal to the excess, if any, of the present worth of the aggregate unpaid Rent due under this Lease for such Aircraft discounted at the rate of eight percent (8%) per annum to the date specified in said notice over the aggregate fair market rental value (computed as hereafter in this Article provided) of such Aircraft for the remainder of the Term for such Aircraft after discounting such fair market rental value to present worth as of the payment date specified in such notice at the rate of eight percent (8%) per annum; or (B) an amount equal to the excess, if any, of the Stipulated Loss Value for such Aircraft computed as of the date specified for payment in such notice over the fair market sales value (computed as hereafter in this Article provided) as of the date specified in the notice, or (C) an amount equal to the excess, if any, of the Stipulated Loss Value for the Aircraft computed as of the date specified for payment in such notice over the fair market rental value (computed as hereafter provided in this Article) of the Aircraft for the remainder of the Term after discounting such fair market rental value to present value as of the payment date specified in such notice at the rate of eight percent (8%) per annum. The amount specified in said notice shall bear interest at the Incentive Rate from the payment date specified in said notice until receipt of payment by the Lessor.
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Whether or not the transactions contemplated hereby are consummated, the Borrower agrees to indemnify, save and hold harmless each Agent-Related Person, each Lender and their respective Affiliates, directors, officers, employees, counsel, agents and attorneys-in-fact (collectively the "Indemnitees") from and against: (a) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee by any Person (other than the Administrative Agent or any Lender) relating directly or indirectly to a claim, demand, action or cause of action that such Person asserts or may assert against any Credit Party, any Affiliate of any Credit Party or any of their respective officers or directors; (b) any and all claims, demands, actions or causes of action that may at any time (including at any time following repayment of the Obligations and the resignation or removal of the Administrative Agent or the replacement of any Lender) be asserted or imposed against any Indemnitee, arising out of or relating to, the Credit Documents, any predecessor Credit Documents, the Commitments, the use or contemplated use of the proceeds of any Extension of Credit, or the relationship of any Credit Party, the Administrative Agent and the Lenders under this Credit Agreement or any other Credit Document; (c) any administrative or investigative proceeding by any Governmental Authority arising out of or related to a claim, demand, action or cause of action described in subsection (a) or (b) above; and (d) any and all liabilities (including liabilities under indemnities), losses, costs or expenses (including reasonable fees and costs of counsel) that any Indemnitee suffers or incurs as a result of the assertion of any foregoing claim, demand, action, cause of action or proceeding, or as a result of the preparation of any defense in connection with any foregoing claim, demand, action, cause of action or proceeding, in all cases, whether or not arising out of the negligence of an Indemnitee, and whether or not an Indemnitee is a party to such claim, demand, action, cause of action or proceeding (all the foregoing, collectively, the "Indemnified Liabilities"); provided that no Indemnitee shall be entitled to indemnification for any claim caused by its own gross negligence or willful misconduct or for any loss asserted against it by another Indemnitee. The agreements in this Section shall survive the termination of the Commitments and repayment of all the other Obligations.
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Related to Whether or not the

  • Services Not Included It is not the intent of any Provider to render, nor of any Recipient to receive from any Provider, professional advice or opinions, whether with regard to Tax, legal, treasury, finance, employment or other business or financial matters, technical advice, whether with regard to information technology or other matters, or the handling of or addressing of environmental matters; no Recipient shall rely on, or construe, any Service rendered by or on behalf of a Provider as such professional advice or opinions or technical advice; and all Recipients shall seek all third-party professional advice or opinions or technical advice as it may desire or need.

  • Subadviser’s Services Are Not Exclusive Nothing in this Agreement shall limit or restrict the right of Subadviser or any of its partners, officers, or employees to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any business, whether of a similar or a dissimilar nature, or limit or restrict Subadviser's right to engage in any other business or to render services of any kind to any other mutual fund, corporation, firm, individual, or association.

  • SERVICES NOT EXCLUSIVE/USE OF NAME Your (and a sub-adviser’s) services to the Fund(s) pursuant to this Agreement are not to be deemed to be exclusive, and it is understood that you (or a sub-adviser) may render investment advice, management and other services to others, including other registered investment companies, provided, however, that such other services and activities do not, during the term of this Agreement, interfere in a material manner, with your ability to meet all of your obligations with respect to rendering services to the Funds. The Trust and you acknowledge that all rights to the name “LoCorr” or any variation thereof belong to you, and that the Trust is being granted a limited license to use such words in any Fund name or in any class name. In the event you cease to be the adviser to a Fund, the Trust’s right to the use of the name “LoCorr” with respective to such Fund shall automatically cease on the 90th day following the termination of this Agreement. The right to the name may also be withdrawn by you during the term of this Agreement upon ninety (90) days’ written notice by you to the Trust. Nothing contained herein shall impair or diminish in any respect, your right to use the name “LoCorr” in the name of or in connection with any other business enterprises with which you are or may become associated. There is no charge to the Trust for the right to use this name.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Installation and Use You may install and use the Software only for the number of licenses acquired by you. In order to exercise your rights to the Software under this Agreement, you must activate your copy of the Software in the manner described during the launch sequence.