No Personal Liability of Directors, Officers, Employees and Shareholders. No director, officer, employee, incorporator, shareholder or Affiliate of the Owner Lessor, as such, shall have any liability for any obligations of the Owner Lessor under the Lessor Notes, this Lease Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Noteholder of Lessor Notes by accepting a Lessor Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Lessor Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the Commission that such a waiver is against public policy.
Appears in 4 contracts
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp), Indenture of Trust and Security Agreement (Eme Homer City Generation Lp), Indenture of Trust, Open End Mortgage and Leasehold Mortgage and Security Agreement (Eme Homer City Generation Lp)
No Personal Liability of Directors, Officers, Employees and Shareholders. No director, officer, employee, incorporator, incorporator or shareholder or Affiliate of the Owner LessorCompany, any Guarantor or the Trustee, as such, shall have any liability for any obligations of the Owner Lessor Company or of the Guarantors under the Lessor Notes, this Lease Indenture Indenture, the Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Noteholder of Lessor Notes Holder by accepting a Lessor Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Lessor Notes. Such The waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the Commission that such a waiver is against public policylaws.
Appears in 2 contracts
Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
No Personal Liability of Directors, Officers, Employees and Shareholders. No director, officer, employee, incorporator, shareholder or Affiliate of the Owner Lessor, as such, shall have any liability for any obligations of the Owner Lessor under the Lessor Notes, this Lease Indenture or for any claim based on, in respect 70 of, or by reason of, such obligations or their creation. Each Noteholder of Lessor Notes by accepting a Lessor Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Lessor Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the Commission that such a waiver is against public policy.
Appears in 1 contract
Samples: Indenture of Trust and Security Agreement (Eme Homer City Generation Lp)
