Common use of Immunity of Shareholders, etc Clause in Contracts

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company for the creation and issue of the Subject Securities pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoing.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates Certificate and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person Person in his its capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company Corporation for the creation and issue of the Subject Securities Common Shares pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingcontained.

Immunity of Shareholders, etc. Subject to applicable law, the The Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue Corporation or any past, present or future shareholder, director, officer, employee or agent of the Subject Securities pursuant to any Warrant or successor corporation on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue Corporation or of the Subject Securities pursuant to any Warrant or “successor Corporation” (as such term is defined in Section 8.2) on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company for the creation and issue of the Subject Securities pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoing.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company Corporation or any successor entity for the creation and issue of the Subject Securities Warrant Shares pursuant to any Warrant or on for any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the The Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company Corporation or of any Successor Corporation for the creation and issue of the Subject Securities Common Shares pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Special Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company Corporation or any successor corporation for the creation and issue of the Subject Securities Debentures pursuant to any Warrant Special Warrants or on any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable lawApplicable Legislation, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company Corporation or any successor entity for the creation and issue of the Subject Securities Warrant Shares pursuant to any Warrant or on for any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the The Warrant Agent and, by the acceptance of the Warrant Certificates Certificates, as the case may be, and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent agents of the Company for the creation and issue of the Subject Securities pursuant to Corporation or any Warrant or successor corporation on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue of the Subject Securities pursuant to Corporation or any Warrant or successor corporation on any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company Corporation for the creation and issue of the Subject Securities pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoing.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company Corporation for the creation and issue creation, delivery or issuance of the Subject Securities pursuant to any Warrant or on for any covenant, agreement, representation or warranty of or by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable lawthe rights available at law or in express provisions of any contract or other instrument, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his its capacity as an incorporator or any past, present or future Shareholder shareholder or other security holdersecurityholder, director, officer, employee or agent of the Company Corporation for the creation and issue of the Subject Securities Shares pursuant to any Warrant or on any covenant, agreement, representation or warranty warrant by the Company Corporation herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoing.Certificates/

Immunity of Shareholders, etc. Subject to applicable lawApplicable Law, the Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person Person in his its capacity as an incorporator or any past, present or future Shareholder shareholder or other security holdersecurityholder, director, officer, employee or agent of the Company Corporation for the creation and issue of the Subject Securities Common Shares pursuant to any Warrant or on in respect of any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holder, director, officer, employee or agent of the Company for the creation and issue of the Subject Securities pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoing.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue Corporation or of the Subject Securities pursuant to any Warrant or “successor Corporation” (as such term is defined in Section 9.2) on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Purchase Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue of the Subject Securities pursuant to Corporation or any Warrant or successor Corporation on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company or any successor corporation for the creation and issue of the Subject Securities Common Shares pursuant to any Warrant Warrants or on any covenant, agreement, representation or warranty by the Company herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent and, by the acceptance of the Warrant Certificates Certificate and as part of the consideration for the issue of the Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his its capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company WorldHeart for the creation and issue of the Subject Securities Common Shares pursuant to any Warrant or on any covenant, agreement, representation or warranty by the Company WorldHeart herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the The Warrant Agent and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Warrants, the Warrantholders Warrantholders, hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent of the Company for the creation and issue Corporation or of the Subject Securities pursuant to any Warrant or “successor Corporation” on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.

Immunity of Shareholders, etc. Subject to applicable law, the Warrant Agent The Trustee and, by the acceptance of the Warrant Certificates and as part of the consideration for the issue of the Special Warrants, the Warrantholders hereby waive and release any right, cause of action or remedy now or hereafter existing in any jurisdiction against any person in his capacity as an incorporator or any past, present or future Shareholder or other security holdershareholder, director, officer, employee or agent agents of the Company for the creation and issue of the Subject Securities pursuant to Corporation or any Warrant or successor corporation on any covenant, agreement, representation or warranty by the Company Corporation contained herein or contained in the Warrant Certificates other than in respect of gross negligence or breach of fiduciary duty by any of the foregoingCertificates.