Common use of INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS Clause in Contracts

INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, past, present or future as such, of the Company or of any predecessor or successor corporation, either directly or through the Company or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issuance of such Securities.

INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS. No recourse under shall be had for the payment of the principal of, or the premium, if any, or interest on, any Debenture, or for any claim based thereon or otherwise in respect thereof or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, employee, officer or director, as such, past, present or future as suchfuture, of the Company or of any predecessor or successor corporationCompany, either directly or through the Company or any such predecessor or successor corporationCompany, whether by virtue of any constitutionconstitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being . It is expressly agreed and understood that this Indenture and the obligations issued hereunder Debentures are solely corporate obligations, and that no such personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporatorsany incorporator, stockholdersstockholder, officers officer or directors director, as such, past, present or future, of the Company Company, either directly or of any predecessor or successor corporation, or any of themthrough the Company, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Securities Debentures or to be implied herefrom or therefrom; and . All liability, if any, of that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, character against every such incorporator, stockholder, officer or director as suchand director, because by the acceptance of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom, are hereby expressly waived Debentures and released as a condition of, and as a part of the consideration for, for the execution of this Indenture and the issuance issue of such Securitiesthe Debentures, is expressly waived and released. END OF ARTICLE ONE.

INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any SecurityNote, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, past, present or future as such, of the Company or of any predecessor or successor corporation, either directly or through the Company or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issuance of such SecuritiesNotes.