Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture or any indenture supplemental hereto, or in any Security or any coupons appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such or against any past, present or future stockholder, officer, director or employee, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities and the coupons appertaining thereto by the holders thereof and as part of the consideration for the issue of the Securities and the coupons appertaining thereto.
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture or any indenture supplemental hereto, or in any Security, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such or against any past, present or future stockholder, officer, director or employee, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture or any indenture supplemental hereto, or in any Security, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such or against any past, present or future stockholder, officer, director or employee, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the holders thereof and as part of the consideration for the issue of the Securities.
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture or any indenture supplemental hereto, or in any Security or any coupons appertaining thereto or in any Guarantee, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such or against any past, present or future stockholder, officer, director or employee, as such, of the Company or any Guarantor or of any successor thereof, either directly or through the Company or any Guarantor or of any successor thereof, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities and the coupons appertaining thereto by the holders thereof and as part of the consideration for the issue of the Securities and the coupons appertaining thereto.
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. 60 Section 10.15. Judgment Currency 60
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture or any indenture supplemental hereto, or in any Convertible Security or any Coupons appertaining thereto, or in the Guarantee, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such, or against any past, present or future stockholder, officer, director or employee, as such, of the Company, of the Guarantor or of any successor, either directly or through the Company, the Guarantor or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Convertible Securities and the Coupons appertaining thereto and the Guarantee endorsed thereon by the holders thereof and as part of the consideration for the issue of the Convertible Securities and the Coupons appertaining thereto and the Guarantee endorsed thereon.
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or Coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any incorporator, as such or against any past, present or future stockholder, officer or director, as such, of the Company or of any predecessor or successor to the Company, either directly or through the Company or any such
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. 38 Section 10.02. Provisions of Indenture for the Sole Benefit of Parties and Securityholders 38 Section 10.03. Successors and Assigns of Company Bound by Indenture 38 Section 10.04. Notices and Demands on Company, Trustee and Securityholders 38 Section 10.05. Officer’s Certificates and Opinions of Counsel; Statements to be Contained Therein 39 Section 10.06. Conflict of any Provision of Indenture with Trust Indenture Act 40 Section 10.07. New York Law to Govern 40 Section 10.08. Counterparts 40 Section 10.09. Effect of Headings 40 Section 10.10. Submission To Jurisdiction 40 Section 10.11. Non-Business Day 41 Section 10.12. Waiver of Jury Trial 41 Section 10.13. Patriot Act 41 ARTICLE 11 REDEMPTION AND REPURCHASE OF SECURITIES Section 11.01. Applicability of Article 41 Section 11.02. Optional Redemption Due to Changes in Tax Treatment 41 Section 11.03. Notice of Redemption 42 Section 11.04. Payment of Securities Called for Redemption 42 Section 11.05. Exclusion of Certain Securities from Eligibility for Selection for Redemption 43 Section 11.06. Repurchase of Securities 43 EXHIBITS Exhibit A Form of Officer’s Certificate pursuant to Section 3.06
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. 48 Section 10.02. Provisions of Indenture for the Sole Benefit of Parties and Securityholders 48 Section 10.03. Successors and Assigns of Company Bound by Indenture 48 Section 10.04. Notices and Demands on Company, Trustee, and Securityholders 48
Incorporators, Stockholders, Officers and Directors of Company Exempt from Individual Liability. 58 Section 11.16. Force Majeure 58 Section 11.17. Communication by Holders of Securities with Other Holders of Securities 58 Trust Indenture Act Section Indenture Section 310 (a)(1) 7.11 (a)(2) 7.11 (a)(3) N.A. (a)(4) N.A. (a)(5) 7.11 (b) 7.03 (c) N.A. 311 (a) 7.03 (b) 7.03 (c) N.A. 312 (a) 4.06 (b) 11.17 (c) 11.17 313 (a) 7.06 (b)(1) N.A. (b)(2) 7.06; 7.07 (c) 7.06; 12.02 (d) 7.06 314 (a) 4.03; 4.07 (b) N.A. (c)(1) 11.03 (c)(2) 11.03 (c)(3) N.A. (d) N.A. (e) 11.04 (f) N.A. 315 (a) 7.01 (b) 7.05; 11.02 (c) 7.01 (d) 7.01 (e) 6.12 316 (a) (last sentence) 2.09 (a)(1)(A) 6.05 (a)(1)(B) 6.04 (a)(2) N.A. (b) 6.07 (c) 2.13 317 (a)(1) 6.08 (a)(2) 6.09 (b) 2.06 318 (a) 11.01 (b) N.A. (c) 11.01 _______________
