No Liability for Invalidity. The Warrant Agent shall have no liability with respect to any invalidity of this Agreement or any of the Warrant Certificates (except as to the Warrant Agent’s countersignature thereon).
No Liability for Invalidity. The Warrant Agent shall not be under any responsibility with respect to the validity or sufficiency of this Agreement or the execution and delivery hereof (except the due authorization to execute this Agreement and the due execution and delivery hereof by the Warrant Agent) or with respect to the validity or execution of any Warrant Certificates (except its countersignature thereof).
No Liability for Invalidity. The representations of Issuer contained herein, in the Debt Agreement and in the Offering Circular (except in the Global Agent's certificates of authentication of the Notes) shall be taken as the statements of Issuer, and the Global Agent assumes no responsibility for the correctness of the same. The Global Agent makes no representation as to the validity or sufficiency of this Agreement or the Notes except for the Global Agent's due authorization to execute this Agreement. Neither the Global Agent nor any other agent of Issuer shall be accountable for the use or application by Issuer of the proceeds of any Notes authenticated and delivered by the Global Agent in conformity with the provisions of this Agreement and of the Notes.
No Liability for Invalidity. The representations of Issuer contained herein, in the Debt Agreement and in the Offering Circular shall be taken as the statements of Issuer, and the Exchange Administrator assumes no responsibility for the correctness of the same. The Exchange Administrator makes no representation as to the validity or sufficiency of this Agreement, the Exchangeable Notes or the MAC Notes except for the Exchange Administrator's due authorization to execute this Agreement.
No Liability for Invalidity. The Equity Warrant Agent shall incur no liability with respect to the validity of this Agreement (except as to the due execution hereof by the Equity Warrant Agent) or any Equity Warrant Certificate (except as to the countersignature thereof by the Equity Warrant Agent).
No Liability for Invalidity. The representations of the Issuer contained herein, in the Debt Agreement and in the Prospectus (except in the Global Agent's certificates of authentication of the Notes) shall be taken as the statements of the Issuer, and neither the Global Agent nor the Exchange Administrator assumes any responsibility for the correctness of the same. Neither the Global Agent nor the Exchange Administrator makes any representation as to the validity or sufficiency of this Agreement or the Notes except for its respective due authorization to execute this Agreement. None of the Global Agent, the Exchange Administrator or any other agent of the Issuer shall be accountable for the use or application by the Issuer of the proceeds of any Notes authenticated and delivered by the Global Agent or exchanged by the Exchange Administrator in conformity with the provisions of this Agreement and of the Notes.
No Liability for Invalidity. The Warrant Agent shall not be under any responsibility in respect of the validity of this Warrant Agency Agreement or the execution and delivery hereof (except the due execution hereof by the Warrant Agent) or in respect of the validity or execution of any Warrant Certificate (except its countersignature thereof); nor shall it be responsible for any breach by the Company of any covenant or condition contained in this Warrant Agency Agreement or in any Warrant Certificate; nor shall it be responsible for the adjustment of the Exercise Price or the making of any change in the number of shares of Common Stock required under the provisions of Section 4 (Adjustments) or Sections 5 and 3.3.4 regarding fractional shares or responsible for the manner, method or amount of any such change or the ascertaining of the existence of facts that would require any such adjustment or change (except with respect to the exercise of Warrants evidenced by Warrant Certificates after actual notice of any adjustment of the Exercise Price); nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Warrant Agency Agreement or any Warrant Certificate or as to whether any shares of Common Stock will, when issued, be duly authorized, validly issued, fully paid and nonassessable.
No Liability for Invalidity. The Debt Warrant Agent shall incur no liability with respect to the validity of this Agreement (except as to the due execution hereof by the Debt Warrant Agent) or any Debt Warrant Certificate (except as to the countersignature thereof by the Debt Warrant Agent).
No Liability for Invalidity. The Unit Agent shall have no liability with respect to any invalidity of this Agreement or any of the Unit Certificates (except as to the Unit Agent’s countersignature thereon).
No Liability for Invalidity. The recitals contained in the Notes (except in the certificate of authentication of a duly authorized officer or a duly appointed signatory of the Fiscal Agent) shall be taken as the statements of FMS-WM, and the Agents assume no responsibility for the correctness of the same. The Agents do not make any representation (other than with respect to themselves) as to the validity or sufficiency of this Agreement or the Notes, except each Agent’s due authorization, execution and delivery of this Agreement. The Agents shall not be accountable for the use or application by FMS-WM of any of the Notes or the proceeds thereof.
