Common use of Liability of the Certificateholder Clause in Contracts

Liability of the Certificateholder. Except as otherwise expressly provided in this Agreement, none of the Certificateholder, any Affiliate of the Certificateholder, or any manager, officer or employee of the Certificateholder, will be liable for the debts, obligations or liabilities of the Trust (whether arising in contract, tort or otherwise), including, under a judgment, decree or order of a court, by reason of being a Certificateholder, an Affiliate of a Certificateholder, or a manager, officer or employee of a Certificateholder. Further, pursuant to § 3803(a) of the Statutory Trust Act, the Certificateholder, in its capacity as such, shall be entitled to the same limitation of personal liability extended to stockholders of private corporations for profit organized under the General Corporation Law of the State of Delaware, except as otherwise specifically set forth herein.