Common use of Incorporators, Stockholders, Officers Clause in Contracts

Incorporators, Stockholders, Officers. and Directors of the Corporation Immune from Liability. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or in any Warrant Agreement or any [list constituent securities], or because of any indebtedness evidenced thereby, shall be had against any incorporator, or against any past, present or future stockholder, officer, attorney-in-fact or director, as such, of the Corporation or of any successor corporation, either directly or through the Corporation or any successor corporation, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Units by the Holders thereof and as part of the consideration for the issue thereof, provided that nothing in this Article shall impair the obligations, covenants and agreements of the Corporation contained in this Agreement and in any [list constituent securities] constituting a part of the Units.

Appears in 3 contracts

Samples: Unit Agreement (Morgan Stanley Dean Witter & Co), Unit Agreement (J P Morgan Chase & Co), Unit Agreement (Morgan Stanley Dean Witter Discover & Co)

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Incorporators, Stockholders, Officers. and Directors of the Corporation Immune from Liability. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or in any Warrant Agreement Debt Security, Prepaid Purchase Contract or any [list constituent securities]Purchase Contract, or because of any indebtedness evidenced thereby, shall be had against any incorporator, or against any past, present or future stockholder, officer, attorney-in-fact or director, as such, of the Corporation or of any successor corporation, either directly or through the Corporation or any successor corporation, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Units by the Holders thereof and as part of the consideration for the issue thereof, provided that nothing in this Article shall impair the obligations, covenants and agreements of the Corporation contained in this Agreement and in any [list constituent securities] Debt Securities, Prepaid Purchase Contracts or Purchase Contracts constituting a part of the UnitsUnits of any series.

Appears in 1 contract

Samples: Unit Agreement (Comcast Cable Trust Iii)

Incorporators, Stockholders, Officers. and Directors of the Corporation Immune from Liability. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or in any Warrant Agreement Debt Security or any [list constituent securities]Purchase Contract, or because of any indebtedness evidenced thereby, shall be had against any incorporator, or against any past, present or future stockholder, officer, attorney-in-fact or director, as such, of the Corporation or of any successor corporation, either directly or through the Corporation or any successor corporation, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Units by the Holders thereof and as part of the consideration for the issue thereof, provided that nothing in this Article shall impair the obligations, covenants and agreements of the Corporation contained in this Agreement and in any [list constituent securities] Debt Securities or Purchase Contracts constituting a part of the UnitsUnits of any series.

Appears in 1 contract

Samples: Unit Agreement (Wells Fargo Capital Vii)

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Incorporators, Stockholders, Officers. and Directors of the Corporation Immune from Liability. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or in any Debt Security, Prepaid Purchase Contract, Warrant Agreement or any [list constituent securities]Purchase Contract, or because of any indebtedness evidenced thereby, shall be had against any incorporator, or against any past, present or future stockholder, officer, attorney-in-fact or director, as such, of the Corporation or of any successor corporation, either directly or through the Corporation or any successor corporation, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Units by the Holders thereof and as part of the consideration for the issue thereof, provided that nothing in this Article shall impair the obligations, covenants and agreements of the Corporation contained in this Agreement and in any [list constituent securities] Debt Securities, Prepaid Purchase Contracts, Warrants or Purchase Contracts constituting a part of the UnitsUnits of any series.

Appears in 1 contract

Samples: Unit Agreement (Morgan Stanley Dean Witter & Co)

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