Common use of No Personal Liability of the Liquidation Manager Clause in Contracts

No Personal Liability of the Liquidation Manager. Persons and entities dealing with the Liquidation Manager shall look only to the Assets of the Debtor and the Estate to satisfy any liability incurred by the Liquidation Manager to such person or entity in carrying out the terms of this Agreement and the Plan. The Liquidation Manager shall have no personal obligation to satisfy any such liability, except to the extent such liability or obligation is determined by Final Order to have arisen as a result of gross negligence, willful misconduct, fraud or criminal conduct of the Liquidation Manager in which case the Assets of the Debtor and the Estate shall not be subject to such claims or liabilities.

Appears in 2 contracts

Samples: Liquidation Manager Agreement (Franklin Credit Holding Corp/De/), Liquidation Manager Agreement (Franklin Credit Holding Corp/De/)

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No Personal Liability of the Liquidation Manager. Persons and entities dealing with the Liquidation Manager shall look only to the Assets of the Debtor and the Estate to satisfy any liability incurred by the Liquidation Manager to such person or entity in carrying out the terms of this Agreement and the Amended Plan. The Liquidation Manager shall have no personal obligation to satisfy any such liability, except to the extent such liability or obligation is determined by Final Order to have arisen as a result of gross negligence, willful misconduct, fraud or criminal conduct of the Liquidation Manager in which case the Assets of the Debtor and the Estate shall not be subject to such claims or liabilities.

Appears in 2 contracts

Samples: Liquidation Manager Agreement (Franklin Credit Management Corp), Liquidation Manager Agreement (Franklin Credit Holding Corp/De/)

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