Common use of No Recourse Against Others Clause in Contracts

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the CompanyCompany or any of the Guarantors, as such, shall will not have any liability for any obligations of the Company or the Guarantors under the Notes Notes, the Note Guarantees or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No stockholder, director, officer, employee, incorporator employee or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations obligation of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder of a Note by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Noteholder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall will not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, Company shall not have any liability for any obligations of the Company under the Notes or Notes, the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder Holder, by accepting a Note Note, waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of stockholder (other than the Company), as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Noteholder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note waives Note, each Noteholder shall waive and releases release all such liability. The waiver and release are shall be part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder Holder, by accepting a Note Note, waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, stockholder of the CompanyCompany or the Trustee, as such, shall not have any liability for any obligations Obligations of the Company under the Notes or for any Obligations of the Company or the Trustee under the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations Obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of shareholder (other than the Company), as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Noteholder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of stockholder (other than the Company), as such, of the Company shall not have any liability for any obligations of the Company under the Notes Notes, the Indenture or the Indenture Registration Rights Agreement or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Noteholder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder Noteholder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Supplemental 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Companystockholder (past or present), as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creationcreations. Each Holder Noteholder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Indenture Agreement or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company or the Trustee shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A No director, officer, agent, employee, incorporator or incorporator, stockholder, partner, member, or manager of the Company, as such, Company shall not have any liability for any obligations of the Company under the Notes or the any Notes, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder Holder, by accepting a Note Note, waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note waives Note, each Holder shall waive and releases release all such liability. The waiver and release are shall be part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the these Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note any of these Notes waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator employee or stockholder, of the Companyshareholder, as such, of the Company or the Trustee shall not have any liability for any obligations of the Company under the Notes or any obligations of the Company or the Trustee under the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liabilityliability including any rights against any general partner of the Company in its capacity as general partner. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes Note or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the NotesNote.

No Recourse Against Others. A No director, officer, employee, incorporator shareholder or stockholder, of the CompanyAffiliate, as such, of the Company shall not have any liability for any obligations of the Company under the Convertible Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder holder by accepting a Convertible Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Convertible Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes. The waiver may not be effective to waive liabilities under the federal securities laws.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, shareholder of the Company, as such, shall not have any liability for any obligations Obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations Obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall will not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Companyshareholder, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or nor for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each The Holder of this Note by accepting a this Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notesthis Note.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations obligations-or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, shareholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liabilityliability including any rights against any such person in its capacity relating to the Company. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Convertible Subordinated Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder holder by accepting a Convertible Subordinated Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Convertible Subordinated Notes.

No Recourse Against Others. A Any past, present, or future director, officer, employee, incorporator or stockholder, of the Company, as such, of the Company or the Trustee shall not have any liability for any obligations of the Company under the Notes or Notes, the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Companyshareholder, as such, of the Company shall not have any liability for any obligations of the Company under the Notes Debentures or the Indenture or nor for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each The Holder of this Debenture by accepting a Note this Debenture waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notesthis Debenture.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes Debentures or the 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 Debenture waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the NotesDebentures.

No Recourse Against Others. A No stockholder, director, officer, employee, incorporator employee or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations obligation of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder of the Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, shareholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liabilityliability including any rights against any general partner of the Company in its capacity as general partner. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder Securityholder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations Obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations Obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation, solely by reason of its status as a director, officer, employee, incorporator or stockholder of the Company. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability (but only such liability. The waiver and release are ) as part of the consideration for the issuance of the Notessuch Note to such Holder.

No Recourse Against Others. A stockholder, director, officer, employee, incorporator employee or stockholder, of the CompanyAffiliate, as such, of the Company or any of its Subsidiaries shall not have any liability for any obligations obligation of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation, including with respect to any certificates delivered hereunder or thereunder from any such person. Each Holder of a Note by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, Company as such, shall not have any liability for any obligations of the Company under the Notes or Notes, the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator incorporator, member, partner or stockholder, shareholder or other owner of capital stock of the CompanyCompany or any Guarantor, as such, shall not have any liability for any obligations of the Company or any Guarantor under the Notes Notes, the Note Guarantees or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator agent, manager, incorporator, stockholder or stockholder, other Affiliate of the Company, as such, shall not have any liability for any obligations of the Company under any of the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company or of the Trustee shall not have any liability for any obligations of the Company under the Notes Notes, the Note Guarantees or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creationcreations. Each Holder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the NotesNotes and the Note Guarantees.

No Recourse Against Others. A director, officerOfficer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A An incorporator, director, officer, employee, incorporator stockholder or stockholder, of the Companycontrolling person, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, Company shall not have any liability for any obligations obligation of the Company under the Notes Indenture or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creationNotes. Each Holder by accepting a Note waives and releases such Persons from all such liability. The , and such waiver and release are is part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company or of the Trustee shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creationcreations. Each Holder Noteholder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or -------------------------- stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder Securityholder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation, solely by reason of its status as a director, officer, employee, incorporator or stockholder of the Company. Each Holder by By accepting a Note (or a beneficial interest in the Global Note), each Holder waives and releases all such liability (but only such liability. The waiver and release are ) as part of the consideration for the issuance of the Notessuch Note to such Holder.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes Notes, the Indenture or the Indenture Note Guarantees or for any claim based on, in respect of, or by reason of, such obligations or of their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creationcreations. Each Holder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations Obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations Obligations or their creation. Each Holder by By accepting a Note Note, each Holder waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder of the Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholdershareholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A directorNo trustee, officer, employee, incorporator or stockholder, stockholder of the Company, as such, Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the CompanyCompany or any Subsidiary, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator incorporator, member or stockholder, stockholder of the CompanyCompany or the Guarantors, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No partner, director, officer, employee, incorporator employee or stockholder, as such, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes Notes, the Indenture or the Indenture Registration Rights Agreement or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator shareholder or stockholder, of the CompanyAffiliate, as such, of the Company shall not have any liability for any obligations of the Company under the Convertible Subordinated Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder holder by accepting a Convertible Subordinated Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Convertible Subordinated Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder The holder of this Note by accepting a this Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notesthis Note.

No Recourse Against Others. A director, officer, employee, incorporator incorporator, partner, member or stockholder, stockholder of the Company or any Subsidiary of the Company, as such, shall not have any liability for any obligations of the Company under the Notes Notes, or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or Notes, the Indenture or any indenture supplemental thereto or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No past, present or future director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, Company shall not have any liability for any obligations of the Company under the Indenture, the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Indenture Indenture, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes. The waiver may not be effective to waive liabilities under the federal securities laws.

No Recourse Against Others. A director, officerOfficer, employee, incorporator incorporator, member or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Supplemental 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator employee or stockholder, of the Companyshareholder, as such, of the Company shall not have any liability for any obligations obligation of the Company under the Notes Notes, the Indenture or the Indenture Registration Rights Agreement or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Notes, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Companyshareholder, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture this Indenture, as applicable, or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note waives Note, each Holder shall waive and releases release all such liability. The waiver and release are shall be part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of any Person party to the Indenture, the Notes or the Subsidiary Guarantees shall not have any liability for any obligations of the Company such Person under the Notes or the Indenture such documents or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the Notes, this Indenture herein or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Notes by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, manager, member, organizer, employee, incorporator or stockholder, shareholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The This waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No stockholder, director, officer, employee, incorporator employee or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations obligation of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder of a Note by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, manager, incorporator or stockholder, of the CompanyCompany or any Guarantor, as such, shall not have any liability for any obligations of the Company or any Guarantor under the Notes Notes, and Guarantee thereof or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or Notes, the First Supplemental Indenture and the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each The Holder of this Note by accepting a this Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notesthis Note.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the CompanyCompany or any Guarantor, as such, shall not have any liability for any obligations of the Company or any Guarantor under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A As more fully described in the Indenture, a director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each The Holder of this Note by accepting a this Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notesthis Note.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or this Supplemental Indenture and the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creationcreations. Each Holder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, of the CompanyCompany or of any Subsidiary Guarantor, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creationcreations. Each Holder by accepting a Note waives and releases all such liability. The Such waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator or stockholder, shareholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator agent, manager, stockholder or stockholder, other Affiliates of the Company, as such, Company shall not have any liability for any obligations of the Company under the Notes or Securities, the Indenture Indenture, or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, manager, officer, employee, incorporator incorporator, member or stockholder, stockholder of the Company, any Parent or any Subsidiary, as such, shall will not have any liability for any obligations of the Company or the Guarantors under the Notes Notes, the Note Guarantees or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Convertible Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder holder, by accepting a Note Convertible Note, waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Convertible Notes.

No Recourse Against Others. A Any past, present or future director, officer, partner (including any general partner) employee, incorporator or stockholder, of the Company, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by By accepting a Note waives Note, each Holder shall waive and releases release all such liability. The waiver and release are shall be part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A trustee, director, officer, employee, incorporator stockholder or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder Noteholder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A No director, officer, employee, incorporator shareholder or stockholder, of the CompanyAffiliate, as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator incorporator, member or stockholder, stockholder of the Company, as such, shall not have any liability for any obligations of the Company under the Notes or the 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 waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Company, as such, of the Company shall not have any personal liability for any obligations of the Company under the Notes or Notes, the Indenture or for any claim based on, in respect of, or the other Operative Documents by reason ofof his or her status as such director, such obligations officer, employee or their creationstockholder. Each Holder Noteholder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.

No Recourse Against Others. A No stockholder, director, officer, employee, incorporator employee or stockholder, of the Companyincorporator, as such, of the Company shall not have any liability for any obligations obligation of the Company under the Notes or the Indenture or for any claim based on, in respect of, of or by reason of, such obligations or their creation. Each Holder of a Note by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the Notes. 20.

No Recourse Against Others. A director, officer, employee, incorporator employee or stockholder, of the Companystockholder (past or present), as such, of the Company shall not have any liability for any obligations of the Company under the Notes or the this Indenture or for any claim based on, in respect of, of or by reason of, of such obligations or their creation. Each Holder by accepting a Note waives and releases all such liability. The waiver and release are part of the consideration for the issuance issue of the Notes.