Common use of No Recourse Against Certain Parties Clause in Contracts

No Recourse Against Certain Parties. No recourse under or with respect to any obligation, covenant or agreement (including, without limitation, any obligation or agreement to pay fees or any other amount) of the Borrower contained in this Agreement or any other agreement, instrument or document entered into by it pursuant hereto or in connection herewith shall be had against any incorporator, Affiliate, stockholder, officer, employee, director or agent of the Borrower solely by virtue of its acting in such capacity, by the enforcement of any assessment, by any legal or equitable proceeding, by virtue of any statute or otherwise; it being expressly agreed and understood that the agreements of the Borrower contained in this Agreement and all of the other agreements, instruments and documents entered into by it pursuant thereto or in connection herewith are, in each case, solely the corporate obligations of the Borrower, and that no personal liability whatsoever shall attach to or be incurred by any incorporator, stockholder, Affiliate, officer, employee, director or agent of the Borrower, or any of them, under or by reason of any of the obligations, covenants or agreements of the Borrower contained in this Agreement or in any other such instrument, document or agreement, or which are implied therefrom, and that any and all personal liability of every such incorporator, stockholder, affiliate, officer, employee, director or agent of the Borrower for breaches by the Borrower of any such obligations, covenants or agreements, which liability may arise either at common law or at equity, by statute or constitution, or otherwise, is hereby expressly waived as a condition of and in consideration for the execution of this Agreement; PROVIDED that the foregoing shall not relieve any such Person from any liability it might otherwise have as a result of its fraudulent actions or omissions.

No Recourse Against Certain Parties. No recourse under or with ----------------------------------- respect to any obligation, covenant or agreement (including, without limitation, any obligation or agreement to pay fees or any other amount) of the Borrower contained in this Agreement or any other agreement, instrument or document entered into by it pursuant hereto or in connection herewith shall be had against any incorporator, Affiliate, stockholder, officer, employee, director or agent of the Borrower solely by virtue of its acting in such capacity, by the enforcement of any assessment, by any legal or equitable proceeding, by virtue of any statute or otherwise; it being expressly agreed and understood that the agreements of the Borrower contained in this Agreement and all of the other agreements, instruments and documents entered into by it pursuant thereto or in connection herewith are, in each case, solely the corporate obligations of the Borrower, and that no personal liability whatsoever shall attach to or be incurred by any incorporator, stockholder, Affiliate, officer, employee, director or agent of the Borrower, or any of them, under or by reason of any of the obligations, covenants or agreements of the Borrower contained in this Agreement or in any other such instrument, document or agreement, 52 or which are implied therefrom, and that any and all personal liability of every such incorporator, stockholder, affiliate, officer, employee, director or agent of the Borrower for breaches by the Borrower of any such obligations, covenants or agreements, which liability may arise either at common law or at equity, by statute or constitution, or otherwise, is hereby expressly waived as a condition of and in consideration for the execution of this Agreement; PROVIDED provided that the -------- foregoing shall not relieve any such Person from any liability it might otherwise have as a result of its fraudulent actions or omissions.

No Recourse Against Certain Parties. No recourse under or with ----------------------------------- respect to any obligation, covenant or agreement (including, without limitation, any obligation or agreement to pay fees or any other amount) of the Borrower contained in this Agreement or any other agreement, instrument or document entered into by it pursuant hereto or in connection herewith shall be had against any incorporator, Affiliate, stockholder, officer, employee, director or agent of the Borrower solely by virtue of its acting in such capacity, by the enforcement of any assessment, by any legal or equitable proceeding, by virtue of any statute or otherwise; it being expressly agreed and understood that the agreements of the Borrower contained in this Agreement and all of the other agreements, instruments and documents entered into by it pursuant thereto or in connection herewith are, in each case, solely the corporate obligations of the Borrower, and that no personal liability whatsoever shall attach to or be incurred by any incorporator, stockholder, Affiliate, officer, employee, director or agent of the Borrower, or any of them, under or by reason of any of the obligations, covenants or agreements of the Borrower contained in this Agreement or in any other such instrument, document or agreement, or which are implied therefrom, and that any and all personal liability of every such incorporator, stockholder, affiliate, officer, employee, director or agent of the Borrower for breaches by the Borrower of any such obligations, covenants or agreements, which liability may arise either at common law or at equity, by statute or constitution, or otherwise, is hereby expressly waived as a condition of and in consideration for the execution of this Agreement; PROVIDED provided that the -------- foregoing shall not relieve any such Person from any liability it might otherwise have as a result of its fraudulent actions or omissions.

No Recourse Against Certain Parties. No recourse under or with respect to any obligation, covenant or agreement (including, without limitation, the payment of any obligation or agreement to pay fees or any other amountobligations) of the Borrower any Secured Party as contained in this Agreement any Transaction Document or any other agreement, instrument or document entered into by it pursuant hereto thereto or in connection herewith therewith shall be had against any incorporator, Affiliateaffiliate, administrator, stockholder, officer, employee, employee or director or agent of the Borrower solely by virtue of its acting in such capacitySecured Party, by the enforcement of any assessment, assessment or by any legal or equitable proceeding, by virtue of any statute or otherwise; it being expressly agreed and understood IT BEING EXPRESSLY AGREED AND UNDERSTOOD that the agreements of the Borrower each Secured Party contained in this Agreement the Transaction Documents and all of the other agreements, instruments and documents entered into by it pursuant thereto or in connection herewith therewith are, in each case, solely the respective corporate obligations of the Borrowersuch Secured Party, and that no personal liability whatsoever shall attach to or be incurred by any incorporator, stockholder, Affiliateaffiliate, administrator, officer, employee, employee or director or agent of the Borrower, or any of them, under or by reason of any of the obligations, covenants or agreements of the Borrower such Secured Party contained in this Agreement any Transaction Document or in any other such instrumentinstruments, document documents or agreementagreements, or which are implied therefrom, and that any and all personal liability of every such each incorporator, stockholder, affiliate, administrator, officer, employee, employee or director or agent of the Borrower any Secured Party for breaches by the Borrower such Secured Party of any such obligations, covenants or agreements, which liability may arise either at common law or at equity, by statute or constitution, or otherwise, is hereby expressly waived as a condition of and in consideration for the execution of this Agreement; PROVIDED that . The provisions of this SECTION 13.15 shall survive the foregoing shall not relieve any such Person from any liability it might otherwise have as a result termination of its fraudulent actions or omissionsthis Agreement.

No Recourse Against Certain Parties. No recourse under or ----------------------------------- with respect to any obligation, covenant or agreement (including, without limitation, any obligation or agreement to pay fees or any other amount) of the Borrower contained in this Agreement or any other agreement, instrument or document entered into by it pursuant hereto or in connection herewith shall be had against any incorporator, Affiliate, stockholder, officer, employee, director or agent of the Borrower solely by virtue of its acting in such capacity, by the enforcement of any assessment, by any legal or equitable proceeding, by virtue of any statute or otherwise; it being expressly agreed and understood that the agreements of the Borrower contained in this Agreement and all of the other agreements, instruments and documents entered into by it pursuant thereto or in connection herewith are, in each case, solely the corporate obligations of the Borrower, and that no personal liability whatsoever shall attach to or be incurred by any incorporator, stockholder, Affiliate, officer, employee, director or agent of the Borrower, or any of them, under or by reason of any of the obligations, covenants or agreements of the Borrower contained in this Agreement or in any other such instrument, document or agreement, 52 or which are implied therefrom, and that any and all personal liability of every such incorporator, stockholder, affiliate, officer, employee, director or agent of the Borrower for breaches by the Borrower of any such obligations, covenants or agreements, which liability may arise either at common law or at equity, by statute or constitution, or otherwise, is hereby expressly waived as a condition of and in consideration for the execution of this Agreement; PROVIDED provided that the -------- foregoing shall not relieve any such Person from any liability it might otherwise have as a result of its fraudulent actions or omissions.