Express Exculpatory Clauses in Instruments Sample Clauses

Express Exculpatory Clauses in Instruments. To the extent practicable, the Managing Trustees shall make reasonable efforts to cause any written instrument creating an obligation of the Trust to include a reference to this Agreement, and to provide that neither the Beneficiary nor the Trustees or the officers of the Trust shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Estate for the payment of any claim thereunder or for the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiary or any Trustee or officer of the Trust liable nor shall the Trustees or any officer of the Trust be liable to anyone for such omission.

Express Exculpatory Clauses in Instruments. As far as practicable, the Trustees shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries nor the Trustees shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Corpus for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render the Beneficiaries or any Trustee liable nor shall the Trustees be liable to anyone for such omission.

Express Exculpatory Clauses in Instruments. As far as practicable, the Liquidating Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Trust Agreement and to provide that none of the members of the Liquidating Trust Board, the Beneficiaries or the Liquidating Trustee shall be liable thereunder and that the other parties to such instrument shall look solely to the Assets for the payment of any claim thereunder or the performance thereof; PROVIDED, HOWEVER, that the omission of such provision from any such instrument shall not render any member of the Liquidating Trust Board, any Beneficiary or the Liquidating Trustee liable nor shall the Liquidating Trustee be liable to anyone for such omission.

Express Exculpatory Clauses in Instruments. Indemnitee shall not ------------------------------------------ be liable under any written instrument creating an obligation of the Company by reason of Indemnitee's being a [a director] [an officer] of the Company, and all persons shall look solely to the Company for the payment of any claim under or for the performance of that instrument. The omission of the foregoing exculpatory language from any instrument shall not affect the validity or enforceability of such instrument and shall not render Indemnitee liable thereunder to any third party, nor shall Indemnitee be liable to anyone as a result of such omission.

Express Exculpatory Clauses in Instruments. As far as practicable, the

Express Exculpatory Clauses in Instruments. 70 ARTICLE XVII AMENDMENTS............................................................................................... 71 Section 17.1 Amendments by the Board of Directors................................................ 71 Section 17.2 Amendments with the Consent of the Majority of the Members....... 72 ARTICLE XVIII ROLL-UP TRANSACTIONS.......................................................................... 72 Section 18.2 Applicability of this Article.................................................................... 72 ARTICLE XIX DURATION AND DISSOLUTION OF THE COMPANY............................... 73 Section 19.1 Duration................................................................................................... 73

Express Exculpatory Clauses in Instruments. As far as practicable, the Trustees shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries nor the Trustees shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust Estate for the payment of any claim thereunder or the performance thereof; provided, however, that, the omission of such provision from any such instrument shall not render any Beneficiary or the Trustees liable nor shall the Trustees be liable to anyone for such omission.

Express Exculpatory Clauses in Instruments. As far as practicable, the Private Actions Trustee shall cause any written instrument creating an obligation of the Private Actions Trust to include a reference to this Agreement and to provide that none of the Beneficiaries or the Private Actions Trustee or the Trust Oversight Committee or any of its members shall be liable thereunder and that the other parties to such instrument shall look solely to the Private Actions Trust Assets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render any Beneficiary, the Private Actions Trustee, the Trust Oversight Committee or any of its members, liable nor shall the Beneficiaries, Private Actions Trustee, or Trust Oversight Committee or any of its members be liable to anyone for such omission.

Express Exculpatory Clauses in Instruments. As far as practicable, the Liquidating Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and the Plan and to provide that none of the Liquidating Trustees shall be liable thereunder and that the other parties to such instrument shall look solely to the Trust aAssets for the payment of any claim thereunder or the performance thereof; provided, however, that the omission of such provision from any such instrument shall not render any Liquidating Trustee liable nor shall a Liquidating Trustee be liable to anyone for such omission.