Common use of Protection of Special Warrant Agent Clause in Contracts

Protection of Special Warrant Agent. By way of supplement to the provisions of any law for the time being relating to trustees, it is expressly declared and agreed that the Special Warrant Agent will not: (a) be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrant Certificates or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the Company; (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Company; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (f) be accountable with respect to the validity or value (or the kind or amount) of any Units or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company to issue, transfer or deliver the Units or certificates representing the Units upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company of the proceeds of the Special Warrants issued hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company to the Special Warrant Agent under this Indenture in the 12 months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the Special Warrant Agent shall not be liable under any circumstances whatsoever for any (a) breach by any other party of securities law or other rule of any securities regulatory authority, (b) lost profits or (c) special, indirect, incidental, consequential, exemplary, aggravated or punitive losses or damages.

Protection of Special Warrant Agent. By Except as provided in Section 9.2, by way of supplement to the provisions of any law for the time being relating to trustees, it is expressly declared and agreed that the Special Warrant Agent will not: (a) be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrant Certificates or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the CompanyCorporation; (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company Corporation of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the CompanyCorporation; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a)4.1, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (f) be accountable with respect to the validity or value (or the kind or amount) of any Units or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company Corporation to issue, transfer or deliver the Units or certificates representing the Units Unit Shares or Warrants upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company Corporation of the proceeds of the Special Warrants issued issue hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company Corporation to the Special Warrant Agent under this Indenture in the 12 twelve (12) months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the Special Warrant Agent shall not be liable under any circumstances whatsoever for any (a) breach by any other party of securities law or other rule of any securities regulatory authority, (b) lost profits or (c) special, indirect, incidental, consequential, exemplary, aggravated or punitive losses or damages.

Protection of Special Warrant Agent. By Except as provided in Section 9.2, by way of supplement to the provisions of any law for the time being relating to trustees, it is expressly declared and agreed that the Special Warrant Agent will not: (a) be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrant Certificates or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the Company; (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Company; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (f) be accountable with respect to the validity or value (or the kind or amount) of any Units Unit Shares, Unit Warrants or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company to issue, transfer or deliver the Units Unit Shares, Unit Warrants, Unit Warrant Shares or certificates representing the Units Unit Shares and Unit Warrants upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company of the proceeds of the Special Warrants issued hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company to the Special Warrant Agent under this Indenture in the 12 months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the Special Warrant Agent shall not be liable under any circumstances whatsoever for any (a) breach by any other party of securities law or other rule of any securities regulatory authority, (b) lost profits or (c) special, indirect, incidental, consequential, exemplary, aggravated or punitive losses or damages.

Protection of Special Warrant Agent. By way of supplement to the provisions of any law for the time being relating to trusteeswarrant agents, it is expressly declared and agreed that the Special Warrant Agent will notas follows: (a) The Special Warrant Agent shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrants (except the representations contained in Sections 8.9 and 8.12 or in the certificate of the Special Warrant Certificates Agent on the Special Warrants) or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the Company;. (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company of any of the covenants Nothing herein contained or of any acts of any directors, officers, employees, agents or servants of the Company; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will shall impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;. (fc) be accountable with respect to the validity or value (or the kind or amount) of any Units or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company to issue, transfer or deliver the Units or certificates representing the Units upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company of the proceeds of the Special Warrants issued hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company to the Special Warrant Agent under this Indenture in the 12 months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the The Special Warrant Agent shall not be liable under bound to give notice to any circumstances person of the execution hereof. (d) The Special Warrant Agent shall not incur any liability or responsibility whatsoever or be in any way responsible for any (a) breach by any other party of securities law or other rule the consequence of any securities regulatory authoritybreach on the part of the Corporation of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation. (be) lost profits The Corporation hereby indemnifies and saves harmless the Special Warrant Agent and its officers, directors, employees and agents from and against any and all liabilities, losses, costs, claims, action or (c) specialdemands whatsoever which may be brought against the Special Warrant Agent or which it may suffer or incur as a result or arising out of the performance of its duties and obligations under this Indenture, indirectincluding any legal fees and disbursements, incidentalsave only in the event of negligence or wilful misconduct of the Special Warrant Agent or any of its officers, consequential, exemplary, aggravated directors and employees. It is understood and agreed that this indemnification shall survive the termination of this Indenture or punitive losses the resignation or damagesremoval of the Special Warrant Agent.

Protection of Special Warrant Agent. By way of supplement to the provisions of any law for the time being relating to trusteeswarrant agents, it is expressly declared and agreed that the Special Warrant Agent will notas follows: (a) The Special Warrant Agent shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrants (except the representation contained in Sections 8.9 and 8.12 or in the certificate of the Special Warrant Certificates Agent on the Special Warrants) or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the Company;. (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company of any of the covenants Nothing herein contained or of any acts of any directors, officers, employees, agents or servants of the Company; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will shall impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;. (fc) be accountable with respect to the validity or value (or the kind or amount) of any Units or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company to issue, transfer or deliver the Units or certificates representing the Units upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company of the proceeds of the Special Warrants issued hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company to the Special Warrant Agent under this Indenture in the 12 months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the The Special Warrant Agent shall not be liable under bound to give notice to any circumstances person of the execution hereof. (d) The Special Warrant Agent shall not incur any liability or responsibility whatsoever or be in any way responsible for any (a) breach by any other party of securities law or other rule the consequence of any securities regulatory authoritybreach on the part of the Corporation of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation. (be) lost profits The Corporation hereby indemnifies and saves harmless the Special Warrant Agent and its officers, directors, employees and agents from and against any and all liabilities, losses, costs, claims, action or (c) specialdemands whatsoever which may be brought against the Special Warrant Agent or which it may suffer or incur as a result or arising out of the performance of its duties and obligations under this Indenture, indirectsave only in the event of negligence or wilful misconduct of the Special Warrant Agent or any of its officers, incidentaldirectors, consequential, exemplary, aggravated employees or punitive losses agents. It is understood and agreed that this indemnification shall survive the termination of this Indenture or damagesthe resignation or removal of the Special Warrant Agent.

Protection of Special Warrant Agent. By way of supplement to the provisions of any law for the time being relating to trusteeswarrant agents, it is expressly declared and agreed that the Special Warrant Agent will notas follows: (a) The Special Warrant Agent shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Special Warrants (except the representation contained in Sections 8.9 and 8.12 or in the certificate of the Special Warrant Certificates Agent on the Special Warrants) or be required to verify the same, but all such statements (other than those relating specifically to the Special Warrant Agent) or recitals are and will be deemed to be made by the Company;. (b) be bound to give notice to any person or persons of the execution hereof; (c) incur any liability or responsibility whatsoever, or be in any way responsible, for the consequence of any breach on the part of the Company of any of the covenants Nothing herein contained or of any acts of any directors, officers, employees, agents or servants of the Company; (d) at any time be under any duty or responsibility to any Special Warrantholder to determine whether any facts exist which may require any adjustment contemplated by Section 4.1(a), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (e) nothing herein contained will shall impose any obligation on the Special Warrant Agent to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;. (fc) be accountable with respect to the validity or value (or the kind or amount) of any Units or other securities or property which may at any time be issued or delivered upon the exercise of the rights attaching to any Special Warrant; (g) be responsible for any failure of the Company to issue, transfer or deliver the Units or certificates representing the Units upon the surrender of any Special Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in Article 4; or (h) in any way be responsible for the use by the Company of the proceeds of the Special Warrants issued hereunder. Notwithstanding the foregoing or any other provision of this Indenture, any liability of the Special Warrant Agent shall be limited, in the aggregate, to the amount of annual retainer fees paid by the Company to the Special Warrant Agent under this Indenture in the 12 months immediately prior to the Special Warrant Agent receiving the first notice of the claim. Notwithstanding any other provision of this Indenture, and whether such losses or damages are foreseeable or unforeseeable, the The Special Warrant Agent shall not be liable under bound to give notice to any circumstances person of the execution hereof. (d) The Special Warrant Agent shall not incur any liability or responsibility whatsoever or be in any way responsible for any (a) breach by any other party of securities law or other rule the consequence of any securities regulatory authoritybreach on the part of the Corporation of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation. (be) lost profits The Issuers hereby jointly and severally indemnify and saves harmless the Special Warrant Agent and its officers, directors, employees and agents from and against any and all liabilities, losses, costs, claims, action or (c) specialdemands whatsoever which may be brought against the Special Warrant Agent or which it may suffer or incur as a result or arising out of the performance of its duties and obligations under this Indenture, indirectsave only in the event of negligence or wilful misconduct of the Special Warrant Agent or any of its officers, incidental, consequential, exemplary, aggravated directors and employees. It is understood and agreed that this indemnification shall survive the termination of this Indenture or punitive losses the resignation or damagesremoval of the Special Warrant Agent.