Common use of PLEDGEE NOT BOUND Clause in Contracts

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, and neither the Pledgee nor any Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or a Membership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or as a member of any Pledged LLC, LLC and neither the Pledgee nor or any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Pledged Partnership Interest or a Pledged Membership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a any Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a shareholder of any corporation, and neither the Pledgee nor any Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a stockholder of any corporation. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or Interest, a Membership Interest or Stock pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to ----------------- make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a shareholder of any corporation, and neither the Pledgee nor any Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a stockholder of any corporation. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or Interest, a Membership Interest or Stock pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or as a member of any Pledged LLC, LLC and neither the Pledgee nor or any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Pledged Partnership Interest or a Pledged Membership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited -------------------------- * Deleted as executed. 12 138 EXHIBIT G* partner of any Pledged Partnership or of a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a any Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, limited liability company or any partnership and neither the Pledgee nor or any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLClimited liability company or partnership. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership the respective Pledged Limited Liability Interest or a Membership Pledged Partnership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC limited liability company or partnership or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership limited liability company or a member of any Pledged LLC partnership either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none 28 of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC limited liability company or of a partnership or any Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee Collateral Agent or any other Secured Creditor Party liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, LLC and neither the Pledgee nor Collateral Agent or any other Secured Creditor Party by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee Collateral Agent shall become the absolute owner of a Pledged Partnership Interest or a Pledged Membership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the PledgeeCollateral Agent, any other Secured Creditor Party and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the PledgeeCollateral Agent, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or Pledgor, any Pledged Partnership or a member of any Pledged LLC either before or after an Event of Default shall have occurred. The Pledgee Collateral Agent shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a any Pledgor. (c) The Pledgee Collateral Agent shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee Collateral Agent of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee Collateral Agent to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCEntity, and neither the Pledgee nor any Secured Creditor Pledgee, by virtue of this Agreement or otherwise other wise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCEntity. The parties hereto expressly agree that, unless the and until Pledgee shall become the absolute owner of a Partnership Interest all or a Membership Interest any portion of the Equity Interests (and/or any Additional Equity Interests) pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, between Pledgee and any other Secured Creditor and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does not intend to become a general partner or limited partner of any Pledged Partnership Entity or a member of any Pledged LLC Pledgor or otherwise be deemed to be a co-venturer with respect to any Pledgor Pledged Entity or any Pledged Partnership or a member of any Pledged LLC Pledgor either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor Pledgors as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership Entity or as a member of any Pledged LLC, Limited Liability Company and neither the Pledgee nor any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or of a member of any Pledged LLCLimited Liability Company. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or a Membership an Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does did not intend to become (and shall not be construed to be) a general partner or limited partner of any Pledged Partnership Entity or a member of any Pledged LLC Limited Liability Company or otherwise be deemed to be a co-co- venturer with respect to any Pledgor Pledgor, any Pledged Partnership Entity or any Pledged Partnership or a member of any Pledged LLC Limited Liability Company either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and and, except as provided in the last sentence of paragraph (a) of this Section 21, the Secured Creditors shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or of a member of any Pledged LLC Limited Liability Company or of a any Pledgor. (c) The Pledgee and the other Secured Creditors shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment pledge hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee or any other Secured Creditor to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the CollateralCollateral except with respect to duties of care in connection with the Collateral to the extent required by applicable law.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership Entity or a member shareholder of any Pledged LLCcorporation, and neither the Pledgee nor any Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or a member stockholder of any Pledged LLCcorporation. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Equity Interest or a Membership Interest Stock pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor Pledgee and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21section 21(a), the Pledgee, by accepting this Agreement, does did not intend intent to become a general partner, limited partner or limited partner of any Pledged Partnership or a member of any Pledged LLC Entity or a shareholder of any corporation or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership Entity or a member shareholder of any Pledged LLC corporation either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC Entity or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, obligation duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, LLC and neither the Pledgee nor or any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a the respective Pledged Partnership Interest, Pledged Limited Liability Company Interest or a Membership Interest Security pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or Pledgor, any Pledged Partnership or a member of any Pledged LLC LLC., either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a any Pledgor. (c) The Neither the Pledgee nor any other Secured Creditor shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, limited liability company or any partnership and neither the Pledgee nor or any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLClimited liability company or partnership. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership the respective Pledged Limited Liability Interest or a Membership Pledged Partnership Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC limited liability company or partnership or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership limited liability company or a member of any Pledged LLC partnership either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC limited liability company or of a partnership or any Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, party or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor Bank liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a shareholder of any corporation, and neither the Pledgee nor any Secured Creditor Bank by virtue of this Pledge Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a stockholder of any corporation. The parties hereto expressly agree that, that unless the Pledgee shall become the absolute owner of a Partnership Interest or Interest, a Membership Interest or Stock pursuant hereto, this Pledge Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor Bank and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Pledge Agreement, does not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation or otherwise be deemed to be a co-venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Pledge Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or of liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any the Pledged Partnership or a member of any Pledged LLCEntity, and neither the Pledgee nor any Secured Creditor Pledgee, by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any the Pledged Partnership or a member of any Pledged LLCEntity. The parties hereto expressly agree that, unless the and until Pledgee shall become the absolute owner of a Partnership Interest all or a Membership Interest any portion of the Equity Interests pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a between Pledgee and Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does not intend to become a general partner or limited partner of any the Pledged Partnership Entity or a member of any Pledged LLC Pledgor or otherwise be deemed to be a co-venturer with respect to any the Pledged Entity or Pledgor or any Pledged Partnership or a member of any Pledged LLC either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and Pledgee, by accepting this Agreement, shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any the Pledged Partnership Entity or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor Bank liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a shareholder of any corporation, and neither the Pledgee nor any Secured Creditor Bank by virtue of this Pledge Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLCLLC or a stockholder of any corporation. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or Interest, a Membership Interest or Stock pursuant hereto, this Pledge Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor Bank and/or a Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Pledge Agreement, does not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation or otherwise be deemed to be a co-co venturer with respect to any Pledgor or any Pledged Partnership or a member of any Pledged LLC or a shareholder of any corporation either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a Pledgor. (c) The Pledgee shall not be obligated to perform or discharge any obligation of a Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Pledge Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Secured Creditor liable as a general partner or limited partner of any Pledged Partnership Entity or as a member of any Pledged LLC, Limited Liability Company and neither the Pledgee nor any other Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or of a member of any Pledged LLCLimited Liability Company. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a Partnership Interest or a Membership an Interest pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21, the Pledgee, by accepting this Agreement, does did not intend to become (and shall not be construed to be) a general partner or limited partner of any Pledged Partnership Entity or a member of any Pledged LLC Limited Liability Company or otherwise be deemed to be a co-venturer with respect to any Pledgor Pledgor, any Pledged Partnership Entity or any Pledged Partnership or a member of any Pledged LLC Limited Liability Company either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and and, except as provided in the last sentence of paragraph (a) of this Section 21, the Secured Creditors shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership Entity or of a member of any Pledged LLC Limited Liability Company or of a any Pledgor. (c) The Pledgee and the other Secured Creditors shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment pledge hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee or any other Secured Creditor to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the CollateralCollateral except with respect to duties of care in connection with the Collateral to the extent required by applicable law.

PLEDGEE NOT BOUND. (a) Nothing herein shall be construed to make the Pledgee or any other Unrestricted Secured Creditor liable as a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC, LLC and neither the Pledgee nor or any other Unrestricted Secured Creditor by virtue of this Agreement or otherwise (except as referred to in the following sentence) shall not have any of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC. The parties hereto expressly agree that, unless the Pledgee shall become the absolute owner of a the respective Pledged Partnership Interest, Pledged Limited Liability Company Interest or a Membership Interest Security pursuant hereto, this Agreement shall not be construed as creating a partnership or joint venture or membership agreement among the Pledgee, any other Unrestricted Secured Creditor and/or a any Pledgor. (b) Except as provided in the last sentence of paragraph (a) of this Section 21Section, the Pledgee, by accepting this Agreement, does did not intend to become a general partner or limited partner of any Pledged Partnership or a member of any Pledged LLC or otherwise be deemed to be a co-venturer with respect to any Pledgor or Pledgor, any Pledged Partnership or a member of any Pledged LLC LLC., either before or after an Event of Default shall have occurred. The Pledgee shall have only those powers set forth herein and shall assume none of the duties, obligations or liabilities of a general partner or limited partner of any Pledged Partnership or of a member of any Pledged LLC or of a any Pledgor. (c) The Neither the Pledgee nor any other Unrestricted Secured Creditor shall not be obligated to perform or discharge any obligation of a any Pledgor as a result of the collateral assignment hereby effected. (d) The acceptance by the Pledgee of this Agreement, with all the rights, powers, privileges and authority so created, shall not at any time or in any event obligate the Pledgee to appear in or defend any action or proceeding relating to the Collateral to which it is not a party, or to take any action hereunder or thereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Collateral.