Common use of Relationship Among Parties Clause in Contracts

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties under this Agreement shall be several, not joint. None of the Commitment Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment Party, any Company Party, or any of the Company Party’s respective creditors or other stakeholders, and there are no commitments among or between the Commitment Parties, in each case except as expressly set forth in this Agreement. No prior history, pattern or practice of sharing confidence among or between any of the Commitment Parties and/or the Company Parties shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party shall, nor shall any action taken by a Commitment Party pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party by the Company and vice versa, and the use of a single document is for the convenience of the Company. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently.

Relationship Among Parties. Notwithstanding anything herein to the contrary hereincontrary, the duties and obligations of the Commitment Parties Consenting Noteholders under this Agreement shall be several, not joint, with respect to the Company. None The Consenting Noteholders represent and warrant that as of the Commitment Parties shall have any fiduciary dutydate of this Agreement and for so long as this Agreement remains in effect, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment Party, any Company Party, or any of the Company Party’s respective creditors or other stakeholders, and there are no commitments among or between the Commitment Parties, in each case except as expressly set forth in this Agreement. No prior history, pattern or practice of sharing confidence among or between any of the Commitment Parties and/or the Company Parties shall in any way affect or negate this understanding and agreement. The Parties Consenting Noteholders have no agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of any of the Company Parties Company. Nothing contained in this Agreement, and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party shall, nor shall any action taken by any Consenting Noteholder pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended to constitute the Consenting Noteholders as a Commitment Party pursuant to this Agreementpartnership, be deemed to be an association, a joint venture or any other kind of entity, or create a presumption that any Consenting Noteholder is in any way acting in concert or as any group a member of a “group” with any other Commitment Party with respect to Consenting Noteholder or Consenting Noteholders within the obligations meaning of Rule 13d-5 under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831, in any way acting each case, as a groupamended and/or complemented. All rights under this Agreement are separately granted to each Commitment Party by No fiduciary, advisory or agency relationship among the Company and vice versaConsenting Noteholders, between the Consenting Noteholders and the use of a single document is for the convenience of Ad-Hoc Committee, or between the Company. The decision , the Consenting Noteholders or the Ad-Hoc Committee is intended to commit to enter into the transactions contemplated be or has been created by this Agreement has been made independentlyand each Party hereto each waives, to the fullest extent permitted by law, any claims that such Party may have against the other Parties for breach of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditors.

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties Consenting Stakeholders under this Agreement shall be several, not joint, with respect to each Consenting Stakeholder. None of the Commitment Parties shall have any fiduciary duty, It is understood and agreed that no Consenting Stakeholder owes any duty of trust or confidence in of any form, kind or form to any other duties or responsibilities to each other, any Commitment Party, any Company Party, or any Party as a result of the Company Party’s respective creditors or other stakeholdersentering into this Agreement, and there are no commitments among or between the Commitment PartiesConsenting Stakeholders, in each case except as expressly set forth in this Agreement. In this regard, it is understood and agreed that any Consenting Stakeholder may trade in Company Claims/Interests without the consent of any other Party, subject to applicable securities laws and the terms of this Agreement, including Section 8; provided, however, that no Consenting Stakeholder shall have any responsibility for any such trading to any other Person by virtue of this Agreement. No prior history, pattern or practice of sharing confidence confidences among or between any of the Commitment Parties and/or the Company Parties shall in any way affect or negate this understanding and agreement. The Parties have no agreementNo Consenting Stakeholder shall, arrangement or understanding with respect as a result of its entering into and performing its obligations under this Agreement, be deemed to acting together for the purpose be part of acquiring, holding, voting or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of (as that term is used in Section 13(d)(313(d) of the Exchange Act or Rule 13d-5 promulgated thereunder) with any other Party. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party Consenting Stakeholder shall, nor shall any action taken by a Commitment Party Consenting Stakeholder pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party Consenting Stakeholder with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties Consenting Stakeholders are in any way acting in concert or as a “group. All rights under this Agreement are separately granted to each Commitment Party by the Company and vice versa, and the use of a single document is for the convenience of the Company. .” The decision to commit to enter into the transactions contemplated by this Agreement has been made independentlyindependently by each Party hereto.

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties under this Agreement shall be several, not joint. None of the Commitment Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment Party, any Company PartyDebtor, or any of the Company Party’s Debtors’ respective creditors or other stakeholders, and there are no commitments among or between the Commitment Parties, in each case except as expressly set forth in this Agreement. No prior history, pattern or practice of sharing confidence among or between any of the Commitment Parties and/or the Company Parties Debtors shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1a) each Commitment Party is entering into this Agreement directly with the Company Debtors and not with any other Commitment Party, (2b) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3c) no Commitment Party shall, nor shall any action taken by a Commitment Party pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party by the Company Debtors and vice versa, and the use of a single document is for the convenience of the CompanyDebtors. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently.

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties under this Agreement shall be several, not joint. None of the Commitment Parties shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment Party, any Company PartyGroup Members, or any of the Company Party’s Group Members’ respective creditors or other stakeholders, and there are no commitments among or between the Commitment Parties, in each case except as expressly set forth in this Agreement. No prior history, pattern or practice of sharing confidence among or between any of the Commitment Parties and/or the Company Parties Group Members shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any securities of any of the Company Parties Group Members and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party shall, nor shall any action taken by a Commitment Party pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party by the Company and vice versa, and the use of a single document is for the convenience of the Company. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently.

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties under this Agreement shall be several, not joint. None of the Commitment Parties Supporting Creditors shall have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment PartySupporting Creditor, any Company Party, or any of the Company Party’s respective creditors or other stakeholders, and there are no commitments among or between the Commitment PartiesSupporting Creditors, in each case except as expressly set forth in this Agreement. It is understood and agreed that any Supporting Creditor may trade in any debt or equity securities of any Company Parties without the consent of the Company or any Supporting Creditor, subject to Section 4.03 of this Agreement and applicable securities laws. No prior history, pattern or practice of sharing confidence among or between any of the Commitment Parties Supporting Creditors, and/or the Company Parties shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Securities Exchange Act of 1934 or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party Supporting Creditor is entering into this Agreement directly with the Company and not with any other Commitment PartySupporting Creditor, (2) no other Commitment Party Supporting Creditor shall have any right to bring any action against any other Commitment Party Supporting Creditor with respect to this Agreement (or any breach thereof) and (3) no Commitment Party Supporting Creditor shall, nor shall any action taken by a Commitment Party Supporting Creditor pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party Supporting Creditor with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties Supporting Creditors are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party Supporting Creditor by the Company and vice versa, and the use of a single document is for the convenience of the Company. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently. Nothing in this Agreement shall in any way prohibit or limit the right and ability of any Supporting Creditor to (a) be granted a lien or other interest in the Company’s rights under this Agreement, (b) be assigned such rights by the Company for purposes or enforcement against any Supporting Creditor, or (c) seek standing to bring an action derivatively or on behalf of the Debtors in the Chapter 11 Cases, under the Plan or otherwise.

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties Consenting Creditors under this Agreement shall be several, not joint. None of the Commitment Parties shall Consenting Creditors shall, solely as a result of entering into this Agreement, have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Commitment PartyConsenting Creditors, Ascent, any of Ascent’s respective creditors or other stakeholders, any Company Party, or any of the Company Party’s respective creditors or other stakeholders, and there are no commitments among or between the Commitment PartiesConsenting Creditors, in each case except as expressly set forth in this Agreement. No prior history, pattern pattern, or practice of sharing confidence among or between any of the Commitment Parties Consenting Creditors, Ascent and/or the Company Parties shall in any way affect or negate this understanding and agreement. It is understood and agreed that any Consenting Creditor may trade in the Company Claims without the consent of any other Party, subject to applicable securities laws and the terms of this Agreement. No Party hereto shall have any responsibility with respect to the Transfer of any Company Claims by any other Party by virtue of this Agreement. The Parties have no agreement, arrangement arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party Consenting Creditor shall, nor shall any action taken by a Commitment Party Consenting Creditor pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party Consenting Creditor with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party by the Company and vice versa, and the use of a single document is for the convenience of the Company. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently.54

Relationship Among Parties. Notwithstanding anything to the contrary herein, the duties and obligations of the Commitment Parties under this Agreement shall be several, not joint. None of the Commitment Parties Consenting Lenders shall have any fiduciary duty, any duty of or trust or confidence in any form, or other duties or responsibilities to each other, any Commitment PartyConsenting Lenders, any the Company Party, Parties or any of the Company Party’s respective Parties’ creditors or other stakeholders, and including without limitation any holders of Company Claims/Interests, and, other than as expressly set forth herein, there are no commitments among or between the Commitment PartiesConsenting Lenders. It is understood and agreed that any Consenting Lenders may trade in any debt or equity securities of any Company Party without the consent of the Company Parties or any other Consenting Lenders, in each case except as expressly set forth in subject to applicable securities laws, the terms of this Agreement, and the terms of the applicable Prepetition Facilities Documents. No prior history, pattern or practice of sharing confidence confidences among or between any of the Commitment Parties Consenting Lenders and/or the Company Parties shall in any way affect or negate this understanding and agreement. The Parties have no agreement, arrangement or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any securities of any of the Company Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. For the avoidance of doubt: (1) each Commitment Party is entering into this Agreement directly with the Company and not with any other Commitment Party, (2) no other Commitment Party shall have any right to bring any action against any other Commitment Party with respect to this Agreement (or any breach thereof) and (3) no Commitment Party shall, nor shall any action taken by a Commitment Party pursuant to this Agreement, be deemed to be acting in concert or as any group with any other Commitment Party with respect to the obligations under this Agreement nor shall this Agreement create a presumption that the Commitment Parties are in any way acting as a group. All rights under this Agreement are separately granted to each Commitment Party Consenting Lender by the Company Parties and vice versa, and the use of a single document is for the convenience of the CompanyParties. The decision to commit to enter into the transactions contemplated by this Agreement has been made independently. No Consenting Lender shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a “group” (as that term is used in Section 13(d) of the Exchange Act) with any other Party. For the avoidance of doubt, no action taken by a Consenting Lender pursuant to this Agreement shall be deemed to constitute or to create a presumption by any of the Parties that the Consenting Lenders are in any way acting in concert or as such a “group.”