Common use of No Personal Liability of Directors, Officers, Employees and Stockholders Clause in Contracts

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, member, partner, incorporator or equityholder stockholder of the CompanyIssuer, any Guarantor Guarantor, any Subsidiary or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) Parent shall have any liability for any obligations of the Company Issuer or any of the Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Note Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder or other owner of the Company, any Guarantor or any Subsidiary Capital Stock of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, the Guarantees, Subsidiary Guarantees or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Subsidiary Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder or other owner of the Company, any Guarantor or any Subsidiary Capital Stock of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall such, will have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator manager or equityholder of the Company, any Guarantor or any Subsidiary partner of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantors, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, this Indenture, the Guarantees, this Indenture Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, the Guarantees, this Indenture or any Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator manager or equityholder of the Company, any Guarantor or any Subsidiary partner of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder shareholder of the CompanyParent, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Parent, the Company or any of the Subsidiary Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes. The waiver may not be effective to waive liabilities under the federal securities laws.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any Subsidiary Guarantor or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, the Guarantees, Subsidiary Guarantees or this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, this Indenture, any Subsidiary Guarantees or the Guarantees, this Indenture Registration Rights Agreement or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder trustee of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company Issuer or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder trustee of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company Issuer or any of the Guarantors Subsidiary Guarantor under the NotesSecurities, the Guarantees, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Security waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesSecurities.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture Note Documents or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No presentmember, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of and the Guarantors under the Notes, the Guarantees, Note Guarantees or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, manager, employee, memberincorporator, partnerstockholder, incorporator member or equityholder of the Company, any Guarantor or any Subsidiary partner of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall , as such, will have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, Notes or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder Holder, by accepting the Notes a Note, waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder trustee of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company Issuer or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, member, partner, incorporator or equityholder stockholder of the CompanyIssuer, any Guarantor Guarantor, any Subsidiary or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) Parent shall have any liability for any obligations of the Company Issuer or any of the Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Note Guarantees or for any 109 claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder holder of the Company, any Guarantor Capital Stock of the Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) Guarantor shall have any liability for any obligations of the Company or any of the Guarantors Issuer under the Notes, the Guarantees, Notes or this Indenture or of any Subsidiary Guarantor under its Subsidiary Guarantee or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Subsidiary Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors such Subsidiary Guarantor under the Notes, the Guaranteesthis Indenture, this Indenture or any Subsidiary Guarantee or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any Guarantor or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, Guarantees or this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting a Note and the Notes related Guarantee waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, any Subsidiary Guarantee or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Subsidiary Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder trustee of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company Issuer or any of the Guarantors Subsidiary Guarantor under the Notes, the GuaranteesSecurities, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Security waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.Securities. 117

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder of the Company, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, Securities or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation, solely by reason of its status as a director, officer, employee, incorporator or stockholder of the Company. Each By accepting a Security, each Holder by accepting the Notes waives and releases all such liability (but only such liability). This The waiver and release are part of the consideration for issuance of the NotesSecurities.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder of the Company, Issuer or any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for other than the Company or any Subsidiary in its capacity as obligor or guarantor in respect of Issuer and the Notes and not in its capacity as equityholder of any Subsidiary GuarantorGuarantors) shall have any liability for any obligations of the Company Issuer or any of the Guarantors under the Notes, the Guarantees, Guarantees or this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder equity holder of the Company, any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder equity holder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the Guarantees, this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the 42 Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Companystockholder, any Guarantor or any Subsidiary as such, of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) Guarantor shall have any liability for any obligations of the Company or any of the Guarantors under the Notes, the GuaranteesSecurities, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, of or by reason of such obligations or their creation. Each By accepting a Security, each Holder by accepting the Notes waives shall waive and releases release all such liability. This The waiver and release are shall be part of the consideration for issuance the issue of the NotesSecurities.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder of the Company, Issuers or any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company Issuers or any of the Guarantors under the Notes, the Guarantees, Guarantees or this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting a Note and the Notes related Guarantee waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, the GuaranteesIndenture, this Indenture Supplemental Indenture, the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each The acceptance of a Note by each Holder by accepting the of Notes waives is deemed to be a waiver and releases release of all such liability. This waiver and release are part of the consideration for issuance of the NotesSubsidiary Guarantee set forth in and evidenced by this Supplemental Indenture.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator limited partner or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Restricted Subsidiary, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall such, will have any liability for any obligations of the Company or any of the Guarantors Restricted Subsidiaries under the Notes, the Guarantees, this Indenture or the Guarantees to which they are a party, or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.. The waiver may not be effective to waive liabilities under the federal securities laws. 133

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder, partner or member of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall such, will have any liability for any indebtedness, obligations or liabilities of the Company or any of the Guarantors Issuer under the Notes, the Guarantees, Notes or this Indenture or of any Guarantor under its Guarantee or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.. 104

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under this Indenture, the Notes, and the Subsidiary Guarantees, this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This waiver and release are part of the consideration for the issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall , as such, will have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, this Indenture, the Subsidiary Guarantees, this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes. The waiver may not be effective to waive liabilities under the federal securities laws.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder of the Company, Issuer or any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall will have any liability for any obligations of the Company or any of the Guarantors Issuer under the Notes, the GuaranteesSecurity Documents or this Indenture or of any Guarantor under its Note Guarantee, the Security Documents or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Note Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notesnotes, the Guarantees, this Amended Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator employee or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) Guarantor shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, Notes or the Guarantees, Exchange Notes and any Guarantees thereof or this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This Such waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, the Indenture or this Fifth Supplemental Indenture, the Subsidiary Guarantees, this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each The acceptance of a Note by each Holder by accepting the of Notes waives is deemed to be a waiver and releases release of all such liability. This waiver and release are part of the consideration for issuance of the NotesSubsidiary Guarantee set forth in and evidenced by this Fifth Supplemental Indenture.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the NotesSecurities, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Security waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesSecurities.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder stockholder of the Company, Issuer or any Guarantor or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company Issuer or any of the Guarantors under the Notes, the Guarantees, Guarantees or this Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting a Note and the Notes related Guarantee waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesNotes and the Guarantees.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder of the Company, any Guarantor or any Subsidiary trustee of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Guarantors Subsidiary Guarantor under the Notes, the Guarantees, this Indenture or the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.. 105

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, memberincorporator, partner, incorporator member, manager or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any Subsidiary of their respective direct or indirect parent companies (except for the an Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, the Subsidiary Guarantees, this Indenture or the Security Documents or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder by accepting the Notes waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under this Indenture, the Notes, and the Subsidiary Guarantees, this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for the issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary shareholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) , as such, shall have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder of Notes by accepting the Notes a Note waives and releases all such liability. This waiver and release are part of the consideration for issuance of the Notes. The waiver may not be effective to waive liabilities under the federal securities laws.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator manager or equityholder of the Company, any Guarantor or any Subsidiary partner of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall , as such, will have any liability for any obligations of the Company or any of the Subsidiary Guarantors under the Notes, this Indenture, the Guarantees, this Indenture Subsidiary Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors under the NotesSecurities, the Subsidiary Guarantees, this Indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Security waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesSecurities.

No Personal Liability of Directors, Officers, Employees and Stockholders. No presentpast, past present or future director, officer, employee, memberincorporator, partner, incorporator stockholder or equityholder of the Company, any Guarantor or any Subsidiary agent of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company or any of the Guarantors Guarantor under the Notes, the any Subsidiary Guarantees, this Indenture Indenture, any supplemental indenture or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Note waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, member, partner, incorporator or equityholder of the Company, any Guarantor or any Subsidiary stockholder of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) shall such, will have any liability for any obligations of the Company or any of the Guarantors Guarantor under this Indenture, the Notes, the Guarantees, this Indenture Subsidiary Guarantees or the Collateral Agreements or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder Holder, by accepting the Notes a Note, waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the Notes.

No Personal Liability of Directors, Officers, Employees and Stockholders. No present, past or future director, officer, employee, incorporator, stockholder, member, partner, incorporator partner or equityholder trustee of the Company, any Guarantor Issuer or any Subsidiary of the Company or any of their respective direct or indirect parent companies (except for the Company or any Subsidiary in its capacity Guarantor, as obligor or guarantor in respect of the Notes and not in its capacity as equityholder of any Subsidiary Guarantor) such, shall have any liability for any obligations of the Company Issuer or any of the Guarantors Subsidiary Guarantor under the Notes, the GuaranteesSecurities, this Indenture or the Guarantees or for any claim based on, in respect of, or by reason of of, such obligations or their creation. Each Holder by accepting the Notes a Security waives and releases all such liability. This The waiver and release are part of the consideration for issuance of the NotesSecurities.