Common use of Relationship Among Parties Clause in Contracts

Relationship Among Parties. Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (v) none of the Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (v) none of the Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, joint and several; (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors Company Parties, and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)amended; (v) none of the Parties Consenting Lenders shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company Parties’ other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute constitute, or to create a presumption by any of the Parties Parties, that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrarycontrary herein, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, and this Agreement shall be deemed to be a separate agreement with respect to each Backstop Shareholder and the Xxxxx Group it being acknowledged and agreed that each Backstop Shareholder and the Xxxxx Group is acting with respect to its separate and distinct interests; (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (amended, nor an “acuerdo de actuación conjunta" within the “Exchange Act”)meaning of Article 98 of Chilean Law No. 18,045; and (v) none of the Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Debtors, or any of the Debtors’ other creditors or stakeholders, including as a result of this Agreement or the transactions contemplated herein here. For the avoidance of doubt, the Commitment Creditors are not insiders of Company or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “groupits subsidiaries.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (ia) the duties and obligations of the Parties under this Agreement shall be several, not joint, ; (iib) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iiic) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (ivd) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors Company Parties and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended amended; and (the “Exchange Act”); (ve) none of the Parties Consenting Stakeholders shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company Party’s other creditors or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “groupRestructuring Transactions.”

Relationship Among Parties. (a) Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Securitie s Exchange Act of 1934, as amended (the “Exchange Act”); (v) none of the Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including as a result of this Agreement or the transactions contemplated herein or in the Term SheetPlan; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.” (b) Notwithstanding anything to the contrary herein, this Agreement (including the Plan Term Sheet) and the transactions contemplated hereby shall not create any fiduciary duties between and among the Consenting Creditors, or other duties or responsibilit ies to each other, the Committee, the Debtors, or any Debtor’s creditors or other stakeholders.

Relationship Among Parties. Notwithstanding anything herein to the contrary, (ia) the duties and obligations of the Parties under this Agreement shall be several, not joint, ; (iib) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iiic) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (ivd) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors Company and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended amended; and (the “Exchange Act”); (ve) none of the Parties Consenting Noteholders shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company or any of the Company’s other creditors or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “groupRestructuring Transactions.”

Relationship Among Parties. Notwithstanding anything herein to the contraryUnless expressly stated herein, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) solely for the benefit of the Parties hereto and no other person or entity shall be a third-party beneficiary hereof. No Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no entity by virtue of this Agreement. No prior history, pattern, pattern or practice of sharing confidences among or between the Parties shall in any way affect or negate this understanding and Agreement; (iv) the . The Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors Company and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (v) none amended. None of the Parties Consenting Creditors, the Equity Committee, nor the Equity Committee Members shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company or any of the Company’s other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (ia) the duties and obligations of the Parties under this Agreement shall be several, not joint, joint and several; (iib) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iiic) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (vd) none of the Parties Consenting Creditors shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company Parties’ other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vie) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (ia) the duties and obligations of the Parties under this Agreement shall be several, not joint, ; (iib) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iiic) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (ivd) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors Company and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended amended; and (the “Exchange Act”); (ve) none of the Parties Consenting Stakeholders shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including the Company or any of the Company’s other creditors or stakeholders, except as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “groupRestructuring Transactions.”

Relationship Among Parties. (a) Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors Company Parties and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)amended; (v) none of the Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including as a result of this Agreement or the transactions contemplated herein or in the Term SheetPlan; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.” (b) Notwithstanding anything to the contrary herein, this Agreement (including the Plan) and the transactions contemplated hereby shall not create any fiduciary duties between and among the Consenting Creditors (in their capacity as holders of claims), or other duties or responsibilities to each other, the Company Parties, or any Company Parties’ creditors or other stakeholders.

Relationship Among Parties. Notwithstanding anything herein to the contraryUnless expressly stated herein, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, (ii) solely for the benefit of the Parties hereto and no other person or entity shall be a third-party beneficiary hereof. No Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no entity by virtue of this Agreement. No prior history, pattern, pattern or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the understanding and agreement. The Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Debtors Company and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”); (v) none amended. None of the Parties Consenting Creditors shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company or any of the Company’s other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, joint and several; (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors Company Parties and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)amended; (v) none of the Parties Consenting Lenders shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the Company Parties or any of the Company Parties’ other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (i) the duties and obligations of the Parties under this Agreement shall be several, not joint, joint and several; (ii) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iii) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (iv) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors NPC Entities and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”)amended; (v) none of the Parties Consenting Creditors shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, the NPC Entities or any of the NPC Entities’ other lenders or stakeholders, including as a result of this Agreement or the transactions contemplated herein or in the Term Sheetany exhibit hereto; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “group.”

Relationship Among Parties. Notwithstanding anything herein to the contrary, (ia) the duties and obligations of the Parties under this Agreement shall be several, not joint, ; (iib) no Party shall have any responsibility by virtue of this Agreement for any trading by any other entity; (iiic) no prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement; (ivd) the Parties hereto acknowledge that this agreement Agreement does not constitute an agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the Debtors Debtor, and the Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended amended; and (the “Exchange Act”); (ve) none of the Supporting Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities in any kind or form to each other, including the Debtor, or any of the Debtor’s other creditors or stakeholders, except as a result of this Agreement or the transactions contemplated herein or in the Term Sheet; and (vi) no action taken by any Party pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Parties are in any way acting in concert or as such a “groupRestructuring Transactions.”