Common use of Acknowledgments; Obligations Several Clause in Contracts

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting Noteholders, the obligations of the Supporting Noteholders under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder pursuant hereto shall be deemed to constitute the Supporting Noteholders as a partnership, an association or joint venture of any kind, or create a presumption that the Supporting Noteholders are in any way acting other than in their individual capacities. None of the Supporting Noteholders shall have any fiduciary duty or other duties or responsibilities in any kind or form to each other, the Company or any of the Company’s other lenders, noteholders or stakeholders as a result of this Agreement or the transactions contemplated hereby. Each Supporting Noteholder acknowledges that no other Supporting Noteholder will be acting as agent of such Supporting Noteholders in connection with monitoring such Supporting Noteholder’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any the other transaction documents to be entered into in connection with the consummation of the Transactions. Neither any Restricted Noteholder nor any Restricted Claim shall be subject to or bound by this Agreement and no Noteholder shall have any obligations or be deemed to have made any representations, warranties, covenants or agreements in this Agreement with respect thereto. No securities of the Company are being offered or sold hereby and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the Company.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersConsenting Parties, the obligations of the Supporting Noteholders Consenting Parties under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder Consenting Party shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder Consenting Party under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder Consenting Party pursuant hereto shall be deemed to constitute the Supporting Noteholders Consenting Party as a partnership, an association or joint venture of any kind, or create a presumption that the Supporting Noteholders Consenting Parties are in any way acting other than in their individual capacities. None of the Supporting Noteholders Consenting Parties shall have any fiduciary duty or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company’s other lenders, noteholders or stakeholders as a result of this Agreement or the transactions contemplated hereby. Each Supporting Noteholder Consenting Party acknowledges that no other Supporting Noteholder Consenting Party will be acting as agent of such Supporting Noteholders Consenting Party in connection with monitoring such Supporting NoteholderConsenting Party’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any the other transaction documents to be entered into in connection with the consummation of the Transactions. Neither Each Consenting Party acknowledges, and acknowledges its Affiliates’ understanding, to each other Consenting Party, that: (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates and each Consenting Party, (b) it has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, (c) it is capable of evaluating, and understands and accepts, the terms, risks and conditions of the Transactions contemplated hereby, and (d) the Consenting Parties and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from the other Consenting Parties, the Company’s and those of the Company’s Affiliates or the Affiliates of other Consenting Parties, and the Consenting Parties have no obligation to disclose any Restricted Noteholder nor of such interests to any Restricted Claim shall be subject other Consenting Party or the Affiliates of other Consenting Parties. Each Consenting Party acknowledges that it has, independently and without reliance upon any other Consenting Party and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to or bound by enter into this Agreement and that it has not relied on the credit analysis and decision or due diligence investigation of any other Consenting Party. The Consenting Parties have no Noteholder agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting, or disposing of any shares of common stock or other capital stock of the Company and are not intended to be, and shall have any obligations or not be deemed to have made any representationsbe, warranties, covenants or agreements in this Agreement with respect thereto. No securities a “Group” for purposes of Section 13(d) of the Company are being offered or sold hereby and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the CompanyExchange Act.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersConsenting Term Lenders, the obligations of the Supporting Noteholders Consenting Term Lenders under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder Consenting Term Lender shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder Consenting Term Lender under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder Consenting Term Lender pursuant hereto hereto, shall be deemed to constitute the Supporting Noteholders Consenting Term Lenders as a partnership, an association association, or a joint venture of any kind, or create a presumption that the Supporting Noteholders Consenting Term Lenders are in any way acting other than in their individual capacities. None of the Supporting Noteholders Consenting Term Lenders shall have any fiduciary duty or other duties or responsibilities in of any kind or form to each other, the Company Parties, or any of the Company’s other lenders, noteholders lenders or stakeholders as a result of this Agreement or the transactions Transactions contemplated hereby. Each Supporting Noteholder Consenting Term Lender acknowledges that no other Supporting Noteholder Consenting Term Lender will be acting as an agent of such Supporting Noteholders Consenting Term Lender in connection with monitoring such Supporting NoteholderConsenting Term Lender’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any the other transaction documents to be entered into in connection with the consummation of the Transactions. Neither Each Consenting Term Lender acknowledges to each other Consenting Term Lender and to each of the Company Parties (including to any Restricted Noteholder nor Person acting on behalf of any Restricted Claim shall of the Company Parties, including any financial or other advisor of any of the foregoing) that: (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates and each Consenting Term Lender; (b) it has consulted its own legal, accounting, regulatory, and tax advisors to the extent it has deemed appropriate; (c) it has the requisite knowledge and experience in financial and business matters so that it is capable of evaluating, and understands and accepts, the terms, merits, risks and conditions of the Transactions contemplated hereby, including of the securities to be subject acquired by it pursuant to such Transactions, and has had such opportunity as it has deemed adequate to obtain such information as is necessary to permit such Party to evaluate the terms, merits, risks and conditions of the Transactions contemplated hereby and of the securities to be acquired by it pursuant to such Transactions; and (d) the Consenting #99449566v26 Term Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the other Consenting Term Lenders, the Company, and the Company’s Affiliates or bound the Affiliates of the other Consenting Term Lenders, and the Consenting Term Lenders have no obligation to disclose any such interests to any other Consenting Term Lender, the Company, the Company’s Affiliates, or the Affiliates of any other Consenting Term Lender. Each Consenting Term Lender further acknowledges for the benefit of each of the Company Parties (including for the benefit of any Person acting on behalf of any of the Company Parties, including any financial, legal or other advisor of any of the foregoing) that it has, independently and without reliance upon any statement, representation or warranty made by any Party or Person (or any such other Party’s or Person’s financial, legal or other advisors or representatives), other than those expressly contained in this Agreement, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and no Noteholder shall have that it has not relied on the credit analysis and decision or due diligence investigation of any obligations other Party or be deemed to have made Person (or any representationssuch other Party’s or Person’s financial, warranties, covenants legal or agreements in this Agreement with respect theretoother advisors or representatives). No securities of the Company are being offered or sold hereby hereby, and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the Company. The Consenting Term Lenders are not intended to be, and shall not be deemed to be, a “Group” for purposes of Section 13(d) of the Exchange Act.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersConsenting Parties, the obligations of the Supporting Noteholders Consenting Parties under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder Consenting Party shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder Consenting Party under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder Consenting Party pursuant hereto shall be deemed to constitute the Supporting Noteholders Consenting Party as a partnership, an association or joint venture of any kind, or create a presumption that the Supporting Noteholders Consenting Parties are in any way acting other than in their individual capacities. None of the Supporting Noteholders Consenting Parties shall have any fiduciary duty or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company’s other lenders, noteholders or stakeholders as a result of this Agreement or the transactions contemplated hereby. Each Supporting Noteholder Consenting Party acknowledges that no other Supporting Noteholder Consenting Party will be acting as agent of such Supporting Noteholders Consenting Party in connection with monitoring such Supporting NoteholderConsenting Party’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any the other transaction documents to be entered into in connection with the consummation of the Transactions. Neither Each Consenting Party acknowledges to each other Consenting Party that: (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates and each Consenting Party, (b) it has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, (c) it is capable of evaluating, and understands and accepts, the terms, risks and conditions of the Transactions contemplated hereby, and (d) the Consenting Parties and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from the other Consenting Parties, the Company’s and those of the Company’s Affiliates or the Affiliates of other Consenting Parties, and the Consenting Parties have no obligation to disclose any Restricted Noteholder nor of such interests to any Restricted Claim shall be subject other Consenting Party or the Affiliates of other Consenting Parties. Each Consenting Party acknowledges that it has, independently and without reliance upon any other Consenting Party and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to or bound by enter into this Agreement and that it has not relied on the credit analysis and decision or due diligence investigation of any other Consenting Party. The Consenting Parties have no Noteholder agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting, or disposing of any shares of common stock or other capital stock of the Company and are not intended to be, and shall have any obligations or not be deemed to have made any representationsbe, warranties, covenants or agreements in this Agreement with respect thereto. No securities a “Group” for purposes of Section 13(d) of the Company are being offered or sold hereby and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the CompanyExchange Act.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersExchanging Parties, the obligations of the Supporting Noteholders Exchanging Parties under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder pursuant hereto shall be deemed to constitute the Supporting Noteholders as a partnership, an association or joint venture of any kind, or create a presumption that the Supporting Noteholders are in any way acting other than in their individual capacities. None of the Supporting Noteholders Exchanging Parties shall have any fiduciary duty or other duties or responsibilities in any kind or form to each other, the Company other or any of the Company’s other lenders, noteholders or stakeholders as a result of this Agreement or the transactions contemplated hereby. Each Supporting Noteholder Exchanging Party acknowledges that no other Supporting Noteholder Exchanging Party will be acting as agent of such Supporting Noteholders Exchanging Party in connection with monitoring such Supporting NoteholderExchanging Party’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any the other transaction documents to be entered into in connection with the consummation of the Transactions. Neither Each Exchanging Party acknowledges that: (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates, on the one hand, and each Exchanging Party, on the other hand, (b) it has consulted its own legal, accounting, regulatory and tax advisors to the extent that it has deemed appropriate, (c) it is capable of evaluating, and understands and accepts, the terms, risks and conditions of the Transactions contemplated hereby, and (d) the Exchanging Parties and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the other Exchanging Parties, the Company and the Company’s Affiliates or the Affiliates of other Exchanging Parties, and the Exchanging Parties have no obligation to disclose any Restricted Noteholder nor of such interests to any Restricted Claim shall be subject other Exchanging Party or the Affiliates of other Exchanging Parties. Each Exchanging Party acknowledges that it has, independently and without reliance upon any other Exchanging Party and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to or bound by enter into this Agreement and that it has not relied on the credit analysis and decision or due diligence investigation of any other Exchanging Party. The Exchanging Parties have no Noteholder agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting, or disposing of any Common Shares or other capital stock of the Company and are not intended to be, and shall have any obligations or not be deemed to have made any representationsbe, warranties, covenants or agreements in this Agreement with respect thereto. No securities a “Group” for purposes of Section 13(d) of the Company are being offered or sold hereby and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the CompanyExchange Act.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersConsenting Term Lenders, the obligations of the Supporting Noteholders Consenting Term Lenders under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder Consenting Term Lender shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder Consenting Term Lender under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder Consenting Term Lender pursuant hereto hereto, shall be deemed to constitute the Supporting Noteholders Consenting Term Lenders as a partnership, an association association, or a joint venture of any kind, or create a presumption that the Supporting Noteholders Consenting Term Lenders are in any way acting other than in their individual capacities. None of the Supporting Noteholders Consenting Term Lenders shall have any fiduciary duty or other duties or responsibilities in of any kind or form to each other, the Company Parties, or any of the Company’s other lenders, noteholders lenders or stakeholders as a result of this Agreement or the transactions Transactions contemplated hereby. Each Supporting Noteholder Consenting Term Lender acknowledges that no other Supporting Noteholder will Consenting (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates and each Consenting Term Lender; (b) it has consulted its own legal, accounting, regulatory, and tax advisors to the extent it has deemed appropriate; (c) it has the requisite knowledge and experience in financial and business matters so that it is capable of evaluating, and understands and accepts, the terms, merits, risks and conditions of the Transactions contemplated hereby, including of the securities to be acquired by it pursuant to such Transactions, and has had such opportunity as it has deemed adequate to obtain such information as is necessary to permit such Party to evaluate the terms, merits, risks and conditions of the Transactions contemplated hereby and of the securities to be acquired by it pursuant to such Transactions; and (d) the Consenting Term Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the other Consenting Term Lenders, the Company, and the Company’s Affiliates or the Affiliates of the other Consenting Term Lenders, and the Consenting Term Lenders have no obligation to disclose any such interests to any other Consenting Term Lender, the Company, the Company’s Affiliates, or the Affiliates of any other Consenting Term Lender. Each Consenting Term Lender further acknowledges for the benefit of each of the Company Parties (including for the benefit of any Person acting as agent on behalf of any of the Company Parties, including any financial, legal or other advisor of any of the foregoing) that it has, independently and without reliance upon any statement, representation or warranty made by any Party or Person (or any such Supporting Noteholders other Party’s or Person’s financial, legal or other advisors or representatives), other than those expressly contained in connection with monitoring such Supporting Noteholder’s investment or enforcing its rights under this Agreement, the Definitive Documentsand based on such documents and information as it has deemed appropriate, or any the other transaction documents made its own credit analysis and decision to be entered enter into in connection with the consummation of the Transactions. Neither any Restricted Noteholder nor any Restricted Claim shall be subject to or bound by this Agreement and no Noteholder shall have that it has not relied on the credit analysis and decision or due diligence investigation of any obligations other Party or be deemed to have made Person (or any representationssuch other Party’s or Person’s financial, warranties, covenants legal or agreements in this Agreement with respect theretoother advisors or representatives). No securities of the Company are being offered or sold hereby hereby, and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the Company. The Consenting Term Lenders are not intended to be, and shall not be deemed to be, a “Group” for purposes of Section 13(d) of the Exchange Act.

Acknowledgments; Obligations Several. This Agreement is not and shall not be deemed to be a solicitation for the Exchange Offer. Notwithstanding that this Agreement is being executed by multiple Supporting NoteholdersConsenting Parties, the obligations of the Supporting Noteholders Consenting Parties under this Agreement are several and neither joint nor joint and several. No Supporting Noteholder Consenting Party shall be responsible in any way for the performance of the obligations or any breach of any other Supporting Noteholder Consenting Party under this Agreement, and nothing contained herein, and no action taken by any Supporting Noteholder Consenting Party pursuant hereto shall be deemed to constitute the Supporting Noteholders Consenting Party as a partnership, an association or joint venture of any kind, or create a presumption that the Supporting Noteholders Consenting Parties are in any way acting other than in their individual capacities. None of the Supporting Noteholders Consenting Parties shall have any fiduciary duty or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company’s other lenders, noteholders or stakeholders as a result of this Agreement or the transactions contemplated hereby. Each Supporting Noteholder Consenting Party (a) the Transactions described herein are arm’s-length commercial transactions between the Company and the Company’s Affiliates and each Consenting Party, (b) it has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, (c) it is capable of evaluating, and understands and accepts, the terms, risks and conditions of the Transactions contemplated hereby, and (d) the Consenting Parties and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from the other Consenting Parties, the Company’s and those of the Company’s Affiliates or the Affiliates of other Consenting Parties, and the Consenting Parties have no obligation to disclose any of such interests to any other Consenting Party, the Company, the Company’s Affiliates of the Affiliates of other Consenting Parties. Each Consenting Party acknowledges that no it has, independently and without reliance upon any other Supporting Noteholder will be acting Consenting Party and based on such documents and information as agent of such Supporting Noteholders in connection with monitoring such Supporting Noteholder’s investment or enforcing it has deemed appropriate, made its rights under this Agreement, the Definitive Documents, or any the other transaction documents own credit analysis and decision to be entered enter into in connection with the consummation of the Transactions. Neither any Restricted Noteholder nor any Restricted Claim shall be subject to or bound by this Agreement and no Noteholder shall have that it has not relied on the credit analysis and decision or due diligence investigation of any obligations or be deemed to have made any representations, warranties, covenants or agreements in this Agreement with respect theretoother Consenting Party. No securities of the Company are being offered or sold hereby and this Agreement neither constitutes an offer to sell nor a solicitation of an offer to buy any securities of the Company. The Consenting Parties are not intended to be, and shall not be deemed to be, a “Group” for purposes of Section 13(d) of the Exchange Act.