Common use of Acknowledgments; Obligations Several Clause in Contracts

Acknowledgments; Obligations Several. Notwithstanding that this Agreement is being executed by multiple Consenting Parties, the obligations of the Consenting Parties under this Agreement are several and neither joint nor joint and several. No Consenting Party shall be responsible in any way for the performance of the obligations or any breach of any other Consenting Party under this Agreement, and nothing contained herein, and no action taken by any Consenting Party pursuant hereto shall be deemed to constitute the Consenting Party as a partnership, an association or joint venture of any kind, or create a presumption that the Consenting Parties are in any way acting other than in their individual capacities. None of the Consenting Parties 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 Consenting Party acknowledges that no other Consenting Party will be acting as agent of such Consenting Party in connection with monitoring such Consenting Party’s investment or enforcing its rights under this Agreement, the Definitive Documents, or any other documents to be entered into in connection with the consummation of the Transaction. 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 Securities Exchange Act.

Acknowledgments; Obligations Several. Notwithstanding that this Agreement is being executed by multiple Consenting PartiesNoteholders, the obligations of the Consenting Parties Noteholders under this Agreement are several and neither joint nor joint and several. No Consenting Party Noteholder shall be responsible in any way for the performance of the obligations or any breach of any other Consenting Party Noteholder under this Agreement, and nothing contained herein, and no action taken by any Consenting Party Noteholder pursuant hereto shall be deemed to constitute the Consenting Party Noteholders as a partnership, an association or joint venture of any kind, or create a presumption that the Consenting Parties Noteholders are in any way acting other than in their individual capacities. None of the Consenting Parties 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 Consenting Party Noteholder acknowledges that no other Consenting Party Noteholder will be acting as agent of such Consenting Party Noteholders in connection with monitoring such Consenting PartyNoteholder’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 TransactionRestructuring. The Consenting Parties are Each Party agrees and acknowledges that this Agreement does not intended to beconstitute a commitment to, and nor shall not be deemed to be, a “Group” for purposes of Section 13(d) it obligate any of the Securities Exchange ActParties to, provide any new financing or credit support, except to the extent expressly provided in the Cash Collateral Order.