Common use of No Recourse Against Others Clause in Contracts

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 146 contracts

Samples: Indenture (Patrick Industries Inc), Indenture (H&E Equipment Services, Inc.), Indenture (Emergent BioSolutions Inc.)

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No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 84 contracts

Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 59 contracts

Samples: Indenture (Denton Telecom Holdings I, L.L.C.), Indenture (Asbury Automotive Group Inc), Indenture (Penn National Gaming Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 52 contracts

Samples: Supplemental Indenture (Targa Resources Corp.), Supplemental Indenture (Targa Resources Partners LP), Supplemental Indenture (Targa Resources Corp.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuer or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 30 contracts

Samples: Indenture (Mr. Cooper Group Inc.), Indenture (Mr. Cooper Group Inc.), Indenture (Advanced Drainage Systems, Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any such Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 28 contracts

Samples: Supplemental Indenture (Targa Resources Partners LP), Supplemental Indenture (Targa Resources Corp.), Supplemental Indenture (Targa Resources Corp.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 22 contracts

Samples: Indenture (Forida East Coast Railway L.L.C.), Supplemental Indenture (Coast Hotels & Casinos Inc), Indenture (Pillowtex Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any this Note GuaranteesGuarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 18 contracts

Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (ElderTrust Operating Limited Partnership), Supplemental Indenture (Ventas Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 18 contracts

Samples: Supplemental Indenture (Targa Resources Partners LP), Supplemental Indenture (Targa Resources Partners LP), Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall will have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 14 contracts

Samples: Supplemental Indenture (BALL Corp), Fifteenth Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any other Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 13 contracts

Samples: Supplemental Indenture (Patrick Industries Inc), Supplemental Indenture (Patrick Industries Inc), Supplemental Indenture (FTI Investigations, LLC)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder shareholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 11 contracts

Samples: Supplemental Indenture (Ainsworth Lumber Co LTD), Supplemental Indenture (Ainsworth Lumber Co LTD), Supplemental Indenture (Ainsworth Lumber Co LTD)

No Recourse Against Others. No past, present or future director, officer, partner, member, employee, incorporator, stockholder manager or agent unit holder or other owner of Equity Interests of any of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 10 contracts

Samples: Supplemental Indenture (Sunoco LP), Supplemental Indenture (NuStar Energy L.P.), Supplemental Indenture (NuStar Energy L.P.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 10 contracts

Samples: Supplemental Indenture (Easton-Bell Sports, Inc.), Supplemental Indenture (Owens Corning), Supplemental Indenture (Carmike Cinemas Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 9 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 9 contracts

Samples: Indenture (Lifepoint Health, Inc.), First Supplemental Indenture (Lifepoint Health, Inc.), First Supplemental Indenture (Omnicare Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 9 contracts

Samples: Indenture (United Airlines, Inc.), Supplemental Indenture (Outerwall Inc), Supplemental Indenture (Outerwall Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 8 contracts

Samples: Fifth Supplemental Indenture (Dycom Industries Inc), Seventh Supplemental Indenture (Dycom Industries Inc), Supplemental Indenture (Dycom Industries Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Guarantying Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Guarantying Subsidiary under the Notes, any Note GuaranteesGuaranties, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 8 contracts

Samples: Supplemental Indenture (Pinnacle Entertainment Inc.), Supplemental Indenture (Pinnacle Entertainment Inc.), Second Supplemental Indenture (Pinnacle Entertainment Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any this Note GuaranteesGuarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 8 contracts

Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Capital Corp), Supplemental Indenture (Ventas Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 8 contracts

Samples: Indenture (TRAC Intermodal LLC), Indenture (Ventas Inc), Indenture (Ventas Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder shareholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the NotesSecurities, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes Securities by accepting a Note Security waives and releases all such liability. The waiver and release are part of the consideration for the issuance of the NotesSecurities. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 6 contracts

Samples: Second Supplemental Indenture (Ainsworth Lumber Co LTD), Fourth Supplemental Indenture (Ainsworth Lumber Co LTD), Supplemental Indenture (Ainsworth Lumber Co LTD)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 6 contracts

Samples: Indenture (Interface Inc), Indenture (Interface Inc), Indenture (Ziff Davis Intermediate Holdings Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Guarantying Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing the Guarantying Subsidiary under the Notes, any Note GuaranteesGuaranties, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 5 contracts

Samples: Supplemental Indenture (Pinnacle Entertainment Inc.), Supplemental Indenture (Pinnacle Entertainment Inc.), Third Supplemental Indenture (Pinnacle Entertainment Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 5 contracts

Samples: Supplemental Indenture (Owens Corning), Seventh Supplemental Indenture (Owens Corning), Supplemental Indenture (Owens Corning)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Third Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 4 contracts

Samples: Third Supplemental Indenture (HollyFrontier Corp), Third Supplemental Indenture (Holly Energy Partners Lp), Third Supplemental Indenture (Holly Corp)

No Recourse Against Others. No past, present or future director, manager, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiary Guarantor, as such, shall will have any liability for any obligations of the Company or any Guaranteeing the Subsidiary Guarantor under the Notes, any Note Guaranteesthe Guarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 4 contracts

Samples: Supplemental Indenture (Central Garden & Pet Co), Supplemental Indenture (Central Garden & Pet Co), Supplemental Indenture (Central Garden & Pet Co)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiaryany Guarantor, as such, shall will have any liability for any obligations Obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 4 contracts

Samples: Supplemental Indenture (Standard Aero Holdings Inc.), Supplemental Indenture (Standard Aero Holdings Inc.), Supplemental Indenture (Standard Aero Holdings Inc.)

No Recourse Against Others. No past, present or future director, officerOfficer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 3 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Bulls Eye Marketing Inc /Ca/)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Supplemental Indenture (Cellu Tissue Corp - Oklahoma City), Supplemental Indenture (Cellu Tissue Holdings, Inc.), Supplemental Indenture (Dobson Communications Corp)

No Recourse Against Others. No past, present or future member, director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Indenture (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc), Indenture (Noveon Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any such Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Supplemental Indenture (Dycom Industries Inc), Supplemental Indenture (Professional Teleconcepts, Inc.), Supplemental Indenture (Dycom Industries Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the each Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guarantor (including each Guaranteeing Subsidiary Subsidiary) under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture Indenture, as applicable, or for any claim based on, in respect 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 This waiver and release are part of the consideration for issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Supplemental Indenture (Waste Services, Inc.), Supplemental Indenture (Waste Services, Inc.), Supplemental Indenture (Waste Services, Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Restricted Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp), Supplemental Indenture and Guarantee (Holmes Products Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuer or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Supplemental Indenture (BWX Technologies, Inc.), Supplemental Indenture (BWX Technologies, Inc.), Supplemental Indenture (ChampionX Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryParent, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary Parent under the Notes, any Note GuaranteesGuarantee, the Original Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 3 contracts

Samples: Supplemental Indenture (Nexstar Broadcasting Group Inc), Supplemental Indenture (Mission Broadcasting Inc), Supplemental Indenture (Nexstar Broadcasting Group Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Securities Exchange Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Imc Global Inc), Supplemental Indenture (Imc Global Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryInitial Guarantors, as such, shall have any liability for any obligations of the Company Issuer or any Guaranteeing Subsidiary the Initial Guarantors under the Notes, any Note Guarantees, the Indenture or this Effective Date Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Indenture (Apergy Corp), Effective Date Supplemental Indenture (Apergy Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Cellu Tissue Corp - Oklahoma City), Supplemental Indenture (Cellu Tissue Holdings, Inc.)

No Recourse Against Others. No past, present or future director, officer, partner, member, employee, incorporator, stockholder manager or agent unit holder or other owner of the Equity Interests of any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this First Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Sunoco LP), Supplemental Indenture (Sunoco LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Owens Corning), Supplemental Indenture (Owens Corning)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the each Guaranteeing Subsidiary, as such, shall have any liability for any obligations Obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Dayton Superior Corp), Supplemental Indenture (Dayton Superior Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Subsidiaries under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Ardent Health Services LLC), Second Supplemental Indenture (Ardent Health Services LLC)

No Recourse Against Others. No past, present or future director, manager, officer, employee, incorporator, member, stockholder or agent of the Guaranteeing SubsidiaryIssuer or any Guarantor, as such, shall have any liability for any obligations of the Company Issuer or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Securities and Exchange Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Cascades Inc), Supplemental Indenture (Cascades Inc)

No Recourse Against Others. No past, present or future director, manager, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiary Guarantors, as such, shall will have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guaranteesthe Guarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Central Garden & Pet Co), Supplemental Indenture (Central Garden & Pet Co)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Interface Inc), Supplemental Indenture (Interface Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Second Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Fti Consulting Inc), Second Supplemental Indenture (FTI Compass, LLC)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder shareholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Indenture (Ainsworth Lumber Co LTD), Indenture (Ainsworth Lumber Co LTD)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, partner, member, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Uae Ref Fuel Ii Corp), Supplemental Indenture (MSW Energy Hudson LLC)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryGuarantying Subsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Guarantying Subsidiary under the Notes, any Note GuaranteesGuaranties, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Pinnacle Entertainment Inc.), Supplemental Indenture (Pinnacle Entertainment Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiary Guarantor, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Ferro Corp), Indenture (Aki Holding Corp)

No Recourse Against Others. No past, present or future director, -------------------------- officer, employee, incorporator, stockholder or agent of the any Guaranteeing SubsidiaryParty, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Party under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Ziff Davis Intermediate Holdings Inc), Supplemental Indenture (Ziff Davis Intermediate Holdings Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Second Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Dresser Inc), Second Supplemental Indenture (Dresser Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Company, the Guaranteeing Subsidiary or under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Seventh Supplemental Indenture (MRS Fields Original Cookies Inc), Supplemental Indenture (MRS Fields Original Cookies Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Second Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Axiall Corp/De/), Second Supplemental Indenture (Corrections Corp of America)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the either Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Transdigm Holding Co), Supplemental Indenture (Adams Rite Aerospace Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Indenture (Accuride Corp), Indenture (Fields MRS Original Cookies Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture Indentures or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Securities Exchange Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Imc Global Inc), Supplemental Indenture (Imc Global Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this First Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: First Supplemental Indenture (Dresser Inc), First Supplemental Indenture (Dresser Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Dresser International Inc), Third Supplemental Indenture (Dresser Inc)

No Recourse Against Others. No past, present or future director, officer, employee, manager, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: First Supplemental Indenture (Entercom Communications Corp), Supplemental Indenture (Entercom Radio LLC)

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No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryAdditional Guarantor, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Neff Corp), Supplemental Indenture (Neff Rental LLC)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuer or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 2 contracts

Samples: Indenture (Colfax CORP), Indenture (Lantheus MI Intermediate, Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiary or of ATL or AAP, as such, shall have any liability for any obligations of the Company or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture, the Old Supplemental Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 2 contracts

Samples: Supplemental Indenture (Amkor Technology Inc), Supplemental Indenture (Amkor Technology Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent member of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (American Barge Line Co)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryRestricted Subsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture and Guarantee (Holmes Products Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Omnicare Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder stockholder, member or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Exopack Holding Corp)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.. #5602147.2

Appears in 1 contract

Samples: Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent (direct or indirect) of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note GuaranteesGuarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Medicine Man Technologies, Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notesnotes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notesnotes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC sec that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (MacDermid Group Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.. #5602227.2

Appears in 1 contract

Samples: Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.. #5613146.2

Appears in 1 contract

Samples: Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Owens Corning)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiarySubsidiary Guarantor, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Appalachian Realty Co)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiaryany Subsidiary Guarantor, as such, shall will have any liability for any obligations Obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Interactive Voice Media (Sacramento) Corp.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, incorporator or stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Asbury Automotive Group Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, incorporator or stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any such Guaranteeing Subsidiary under the Notes, any Note the Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Windmere Durable Holdings Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Securities and Exchange Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Florida Lifestyle Management Co)

No Recourse Against Others. No past, present or future -------------------------- director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Company, the Guaranteeing Subsidiary or under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Pretzel Time Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Guarantor under the Notes, any Note GuaranteesGuarantee, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryParent, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary Parent under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Notes Notes, by accepting a Note Note, waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Second Supplemental Indenture (Susser Holdings CORP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.. #5613144.2

Appears in 1 contract

Samples: Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, -------------------------- officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Interep National Radio Sales Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryAdditional Guarantor, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Additional Guarantor under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Bread Financial Holdings, Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the a Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Trimas Corp)

No Recourse Against Others. No past, present or future director, officer, manager, partner, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryNew Guarantor, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary the New Guarantor under the Notes, any Note Guaranteesthe Senior Guarantee, the Indenture or this Fourth Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Key Energy Services Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Company or Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (TB Wood's INC)

No Recourse Against Others. No past, present or future director, officer, manager, partner, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiaryany New Guarantor, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary New Guarantor under the Notes, any Note Guaranteesthe Senior Guarantee, the Indenture or this Third Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Third Supplemental Indenture (Key Energy Services Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Texas Genco Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, member, partner, stockholder or agent of the Guaranteeing SubsidiaryParent Guarantor, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary Parent Guarantor under the Notes, any Note Guaranteesthe Parent Guarantee, the Indenture or this Third Supplemental Indenture Indenture, or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Securities and Exchange Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Third Supplemental Indenture (Pentair Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing SubsidiaryGuarantying Subsidiaries, as such, shall have any liability for any obligations of the Company or any Guaranteeing Guarantying Subsidiary under the Notes, any Note GuaranteesGuaranties, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy. 1 [475662.EX4_29]2

Appears in 1 contract

Samples: Supplemental Indenture (Pinnacle Entertainment Inc.)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture Supplement or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: First Supplement (Corrections Corp of America)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any the Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.. #5613145.2

Appears in 1 contract

Samples: Supplemental Indenture (Targa Resources Partners LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Company, the Guaranteeing Subsidiaries or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Pretzel Time Inc)

No Recourse Against Others. No past, present or future directormember, manager, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Subsidiary Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Jarden Corp)

No Recourse Against Others. No past, present or future director, officer, partner, member, employee, incorporator, stockholder manager or agent unit holder or other owner of the Equity Interests of any Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company Issuers or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Second Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Second Supplemental Indenture (Sunoco LP)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note GuaranteesGuaranties, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC that such a waiver is against public policy.

Appears in 1 contract

Samples: Indenture (Sweetheart Holdings Inc \De\)

No Recourse Against Others. No past, present or future director, ---------------------------- officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations of the Company or any Company, the Guaranteeing Subsidiary or under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (MRS Fields Brand Inc)

No Recourse Against Others. No past, present or future director, officer, employee, incorporator, stockholder or agent of the Guaranteeing Subsidiary, as such, shall have any liability for any obligations Obligations of the Company or any Guaranteeing Subsidiary under the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations 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 issuance of the Notes. Such waiver may not be effective to waive liabilities under the federal securities laws and it is the view of the SEC Commission that such a waiver is against public policy.

Appears in 1 contract

Samples: Supplemental Indenture (Dayton Superior Corp)

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