Indenture and Notes Solely Corporate Obligations. No recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any Note, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, shareholder, officer, employee, director or Affiliate, as such, past, present or future, of the Company or of any successor corporation or Person, either directly or through the Company, 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, shareholders, officers, employees, directors or Affiliates, as such, of the Company or of any successor corporation or Person, 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 any of the Notes or implied therefrom; and that any and all such personal liability, 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, shareholder, officer, employee, director or Affiliate, 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 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 issue of such Notes.
Appears in 3 contracts
Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Indenture and Notes Solely Corporate Obligations. No recourse under or upon any obligation, covenant or agreement of this the Indenture, any supplemental indenture, or of any NoteNotes, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, as such, past, present or future, future of the Company or of any predecessor or successor corporation or Personcorporation, either directly or through the Company, 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 the Indenture and the obligations issued hereunder thereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, shareholdersstockholders, officers, employees, directors or Affiliatesemployees, as such, of the Company or of any predecessor or successor corporation or Personcorporation, 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 the Indenture, or in any of the Notes or implied therefromthereby; and that any and all such personal liability, either at common law or in equity or by constitution or statute, statute of, and any and all such rights and claims against, every such incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, 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 the Indenture or in any of the Notes or implied therefromthereby, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this the Indenture and the issue of such Notes.
Appears in 2 contracts
Samples: Global Note (Silgan Holdings Inc), Indenture (Silgan Holdings Inc)
Indenture and Notes Solely Corporate Obligations. No ----------------------------------------------------- recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any NoteNotes, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, as such, past, present or future, future of the Company or of any predecessor or successor corporation or Personcorporation, either directly or through the Company, 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, shareholdersstockholders, officers, employees, directors or Affiliatesemployees, as such, of the Company or of any predecessor or successor corporation or Personcorporation, 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 Indenture, or in any of the Notes or implied therefromthereby; and that any and all such personal liability, either at common law or in equity or by constitution or statute, statute of, and any and all such rights and claims against, every such incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, 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 Notes or implied therefromthereby, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Notes.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Indenture and Notes Solely Corporate Obligations. No recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any Note, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, as such, past, present or future, of the Company or any Subsidiary or of any predecessor or successor corporation or Personcorporation, either directly or through the Company, 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, shareholdersstockholders, officers, employees, directors or Affiliatesemployees, as such, of the Company or of any predecessor or successor corporation or Personcorporation, 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 Indenture, or in any of the Notes or implied therefromthereby; and that any and all such personal liability, either at common law or in equity or by constitution or statute, statute of, and any and all such rights and claims against, every such incorporator, shareholderstockholder, officer, employee, director or Affiliateemployee, 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 Notes or implied therefromthereby, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Notes.
Appears in 1 contract
Samples: Indenture (Magna International Inc)
Indenture and Notes Solely Corporate Obligations. No Except as otherwise expressly provided in Article 15 hereof, no recourse under or for the payment of the principal of (including the Redemption Price upon any obligationredemption and payment of a Change of Control Offer on the Change of Control Payment Date, covenant or agreement of this Indenturein each case, any supplemental indenturepursuant to Article 3 hereof) or, premium, if any, or of interest and Additional Interest, if any, 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 Issuer in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, shareholderstockholder, limited partner, member, manager, employee, agent, officer, employee, director or AffiliateSubsidiary, as such, past, present or future, of the Company General Partner, the Issuer or any of the Issuer’s Subsidiaries or of any successor corporation or Personthereto, either directly or through the CompanyGeneral Partner, the Issuer or any of the Issuer’s Subsidiaries or any successor thereto, 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, shareholders, officers, employees, directors or Affiliates, as such, of the Company or of any successor corporation or Person, 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 any of the Notes or implied therefrom; and that any and all such personal liability, 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, shareholder, officer, employee, director or Affiliate, 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 Notes or implied therefrom, are 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 such the Notes.
Appears in 1 contract
Indenture and Notes Solely Corporate Obligations. No recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any Note, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporatorincorporation, shareholder, officer, employee, director or Affiliate, as such, past, present or future, of the Company or of any successor corporation or Person, either directly or through the Company, 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, shareholders, officers, employees, directors or Affiliates, as such, of the Company or of any successor corporation or Person, 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 any of the Notes or implied therefrom; and that any and all such personal liability, 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, shareholder, officer, employee, director or Affiliate, 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 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 issue of such Notes.
Appears in 1 contract
Samples: Indenture (Callon Petroleum Co)
Indenture and Notes Solely Corporate Obligations. No recourse under for the payment of the principal of or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of accrued and unpaid 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 in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, shareholder, officerstockholder, employee, agent, Officer or director or AffiliateSubsidiary, as such, past, present or future, of the Company or of any successor corporation or Personcorporation, either directly or through the CompanyCompany 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 agreed and understood that this Indenture and the obligations issued hereunder Notes 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, shareholdersstockholder, officersemployee, employees, directors agent Officer or Affiliatesdirector, as such, past, present or future, of the Company or of any successor corporation corporation, either directly or Person, through the Company or any of themsuccessor corporation, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of the obligations, covenants or agreements contained in this Indenture or any of the Notes or implied therefrom; and that any and all such personal liability, 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, shareholder, officer, employee, director or Affiliate, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Notes Notes, or to be implied herefrom or therefrom, are hereby expressly waived and released that all liability, if any, of that character against every such incorporator, stockholder, employee, agent, Officer and director is, by the acceptance of the Notes and as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Notesthe Notes expressly waived and released.
Appears in 1 contract
Indenture and Notes Solely Corporate Obligations. No recourse for the payment of the principal of or accrued and unpaid interest on 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 Company in this Indenture, Indenture or in any supplemental indenture, indenture or of in any Note, or for nor because of the creation of any claim based thereon or otherwise in respect thereofindebtedness represented thereby, shall be had against any incorporator, shareholder, officerstockholder, employee, agent, Officer or director or AffiliateSubsidiary, as such, past, present or future, of the Company or of any successor corporation or Personcorporation, either directly or through the CompanyCompany 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 this Indenture and the obligations issued hereunder in this Indenture or in any supplemental indenture are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, shareholdersstockholders, officers, employees, officers or directors or Affiliates, as such, of the Company, of any such predecessor or Successor Company or of any successor corporation or Personsuch issuer, 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 Notes supplemental indenture or in any Note or implied therefrom; and that any and all such personal liabilityliability 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, shareholderstockholder, officer, employee, officer or director or Affiliate, 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 Notes supplemental indenture or in any Note or implied therefrom, are therefrom is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such the Notes.
Appears in 1 contract
Samples: Indenture (Citrix Systems Inc)
Indenture and Notes Solely Corporate Obligations. No recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any Note, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, shareholder, officer, employee, director officer or Affiliatedirector, as such, past, present or future, of the Company or of any successor corporation or Person, either directly or through the Company, 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, shareholders, officers, employees, directors officers or Affiliatesdirectors, as such, of the Company or of any successor corporation or Person, 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 any of the Notes or implied therefrom; and that any and all such personal liability, 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, shareholder, officer, employee, director officer or Affiliatedirector, 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 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 issue of such Notes.
Appears in 1 contract
Samples: Indenture (Callon Petroleum Co)