No Obligations of Unit Agent. The Unit Agent assumes no obligations and shall not be subject to any personal liability under this Unit Agreement in respect of the obligations of the Holder of any Unit hereunder. Each Issuer agrees, and each Holder of a Certificate, by his acceptance thereof, shall be deemed to have agreed that the Unit Agent shall have no personal liability in respect of its authentication of Certificates. Anything in this Unit Agreement to the contrary notwithstanding, in no event shall the Unit Agent or its officers, employees or agents be liable under this Unit Agreement to any third party for indirect, special, punitive, or consequential loss or damage of any kind whatsoever, including lost profits, whether or not the likelihood of such loss or damage was known to the Unit Agent, incurred without any act or deed that is found to be attributable to gross negligence or willful misconduct on the part of the Unit Agent.
Appears in 3 contracts
Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Capital Trust I)
No Obligations of Unit Agent. The Unit Agent assumes no obligations and shall not be subject to any personal liability under this Unit Agreement in respect of the obligations of the Holder of any Unit Security hereunder. Each Issuer agrees, and each Holder of a Certificate, by his acceptance thereof, shall be deemed to have agreed that the Unit Agent shall have no personal liability in respect of its authentication of Certificates. Anything in this Unit Agreement to the contrary notwithstanding, in no event shall the Unit Agent or its officers, employees or agents be liable under this Unit Agreement to any third party for indirect, special, punitive, or consequential loss or damage of any kind whatsoever, including lost profits, whether or not the likelihood of such loss or damage was known to the Unit Agent, incurred without any act or deed that is found to be attributable to gross negligence or willful misconduct on the part of the Unit Agent.
Appears in 2 contracts
Samples: Unit Agreement (New York Community Bancorp Inc), Unit Agreement (New York Community Bancorp Inc)
No Obligations of Unit Agent. The Unit Agent assumes no obligations and shall not be subject to any personal liability under this Unit Agreement in respect of the obligations of the Holder of any Unit Security hereunder. Each Issuer The Company agrees, and each Holder of a Certificate, by his acceptance thereof, shall be deemed to have agreed that the Unit Agent shall have no personal liability in respect of its authentication of Certificates. Anything in this Unit Agreement to the contrary notwithstanding, in no event shall the Unit Agent or its officers, employees or agents be liable under this Unit Agreement to any third party for indirect, special, punitive, or consequential loss or damage of any kind whatsoever, including lost profits, whether or not the likelihood of such loss or damage was known to the Unit Agent, incurred without any act or deed that is found to be attributable to gross negligence or willful misconduct on the part of the Unit Agent.
Appears in 1 contract