Common use of Indenture and Notes Solely Corporate Obligations Clause in Contracts

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount of or Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer or the Subsidiary Guarantors in this Indenture or in any supplemental indenture or in any Note, or of the Issuer and the Subsidiary Guarantors under the Guarantees or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officer, director or subsidiary, as such, past, present or future, of the Company, the Issuer or the Subsidiary Guarantors or of any successor corporation, either directly or through the Company, the Issuer or the Subsidiary Guarantors or any 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount principal of or Interest accrued and unpaid interest on any NoteNote or Subsidiary Guarantee, or nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer Company or the any Subsidiary Guarantors Guarantor in this Indenture or in any supplemental indenture or in any NoteNote or Subsidiary Guarantee, or of the Issuer and the Subsidiary Guarantors under the Guarantees or nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officer, Officer or director or subsidiarySubsidiary (other than the Subsidiary Guarantors, solely in respect of their obligations as such under this Indenture), as such, past, present or future, of the CompanyCompany or of any successor corporation, the Issuer or the of any Subsidiary Guarantors Guarantor or of any successor corporation, either directly or through the Company, the Issuer or the Subsidiary Guarantors or any successor corporationsuch Person, 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount principal of or Interest accrued and unpaid interest, if any, on any Note or Note Guarantee, nor the delivery of Common Stock upon conversion of any Note, or nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer Company or the Subsidiary Guarantors any Guarantor in this Indenture or in any supplemental indenture or in any NoteNote or any Note Guarantee, or of the Issuer and the Subsidiary Guarantors under the Guarantees or nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officerAuthorized Officer, officer or director or subsidiarySubsidiary, as such, past, present or future, of the Company, the Issuer Company or the Subsidiary Guarantors any Guarantor or of any successor corporationcorporation of the Company or any Guarantor, either directly or through the Company, the Issuer or the Subsidiary Guarantors any Guarantor or any successor corporationcorporation of the Company or any Guarantor, 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and Indenture, the issue of the NotesNotes and the Note Guarantees.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount principal of or Interest accrued and unpaid interest, if any, on any NoteNote or Note Guarantee, or nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer Company or the Subsidiary Guarantors any Guarantor in this Indenture or in any supplemental indenture or in any NoteNote or any Note Guarantee, or of the Issuer and the Subsidiary Guarantors under the Guarantees or nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officerAuthorized Officer, officer or director or subsidiarySubsidiary, as such, past, present or future, of the Company, the Issuer Company or the Subsidiary Guarantors any Guarantor or of any successor corporationcorporation of the Company or any Guarantor, either directly or through the Company, the Issuer or the Subsidiary Guarantors any Guarantor or any successor corporationcorporation of the Company or any Guarantor, 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and Indenture, the issue of the NotesNotes and the Note Guarantees.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount of principal of, or Interest on interest on, any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer or the Subsidiary Guarantors in this Indenture or in any supplemental indenture or in any NoteNote or Subsidiary Guarantee, or of the Issuer and the Subsidiary Guarantors under the Guarantees or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, partner, member, manager, employee, agent, officer, director or subsidiary, other than the Subsidiary Guarantors, as such, past, present or future, of the Company, the Issuer or any of the Subsidiary Guarantors Issuer’s Subsidiaries or of any successor corporationthereto, either directly or through the Company, the Issuer or any of the Subsidiary Guarantors Issuer’s Subsidiaries or any successor corporationthereto, 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount principal and premium, if any, of or Interest accrued and unpaid interest on any Note, nor the payment or delivery of consideration due upon exchange of any Note, nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the CompanyParent, the Issuer Company or the Subsidiary Guarantors any Guarantor in this Indenture or in any supplemental indenture or in any Note, or of the Issuer and the Subsidiary Guarantors under the Guarantees or nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, employee, agent, officer, Officer or director or subsidiarySubsidiary, as such, past, present or future, of the CompanyParent, the Issuer Company or the Subsidiary Guarantors any Guarantor or of any successor corporation, either directly or through the CompanyParent, the Issuer Company or the Subsidiary Guarantors any Guarantor or any 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the Principal Amount principal of or Interest on accrued and unpaid interest on, or the payment of consideration due upon exchange in accordance with Article 14 of, any Note, or nor for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Company, the Issuer Company or the Subsidiary Guarantors Guarantor in this Indenture or in any supplemental indenture or in any NoteNote or any Guarantee, or of the Issuer and the Subsidiary Guarantors under the Guarantees or nor because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholdershareholder, employee, agent, officer, officer or director or subsidiarySubsidiary, as such, past, present or future, of the Company, the Issuer Company or the Subsidiary Guarantors Guarantor, of any Affiliate of the Company or the Guarantor, or of any successor corporationPerson, either directly or through the Company, the Issuer Company or the Subsidiary Guarantors Guarantor (as the case may be) or any 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 all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.