Common use of Immunity of Incorporators Stockholders Officers and Directors Clause in Contracts

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities. * * * This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 12.01. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any SecurityDebenture, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such SecuritiesDebentures.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of (and premium, if any), or the interest, if any, on any Securities of any series, or for any claim based thereon, or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or indirectly through the CompanyCompany or any successor corporation, whether by virtue of any constitution, statute or rule of law, law or by the enforcement of any assessment or of penalty or otherwise; it being expressly agreed and understood that this Indenture and all the obligations issued hereunder Securities of each series are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Company or of any successor corporation, either directly or indirectly through the Company or any successor corporation, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any of the Securities of any series, or to be implied therefrom are herefrom or therefrom; and that all such personal liability is hereby expressly released and waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue issuance of such Securitiesthe Securities of each series.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of, or the premium, if any, or interest on any Obligation, or for any claim based thereon or otherwise in respect thereof or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company Shipowner or of any successor corporation, either directly or through the CompanyShipowner or any successor corporation, whether by virtue of any constitutionconstitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and the obligations issued hereunder Obligations are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, past, present or future, of the Shipowner or of any successor corporation, either directly or through the Shipowner or any successor corporation, because of the creation incurring of the indebtedness hereby authorizedauthorized or under, or under or by reason of, any of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Securities Obligations or to be implied therefrom are hereby expressly waived herefrom or therefrom, and released that all liability, if any, of that character against every such incorporator, stockholder, officer and director is, by the acceptance of the Obligations and as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue of such Securitiesthe Obligations, expressly waived and released.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of (or premium, if any, on), or interest or Deferred Interest, if any, on any Security of any series, or for any claim based thereon, or upon any obligation, covenant or agreement of this IndentureSubordinated Indenture or any indenture supplemental hereto, or of any Security, or for because of any claim based thereon or otherwise in respect thereofindebtedness evidenced thereby, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company Issuer or of any predecessor or successor corporationcorporations thereto, either directly or indirectly through the CompanyIssuer or any predecessor or successor corporations, whether by virtue of any constitution, statute or rule of law, law or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Subordinated Indenture and all the obligations issued hereunder Securities of each series are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Issuer or of any predecessor or successor corporations thereto, either directly or indirectly through the Issuer or any such predecessor or successor corporations, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Subordinated Indenture or in any of the Securities of any series, as the case may be, or to be implied therefrom are herefrom or therefrom; and that all such personal liability is hereby expressly released and waived and released as a condition of, and as a part of the consideration for, the execution of this Subordinated Indenture and the issue issuance of such Securitiesthe Securities of each series.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of, or the premium, if any, or interest on, any Note, or for any claim based thereon or otherwise in respect thereof or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, employee, officer or director, as such, past, present or future, of the Company or of any successor corporationCompany, either directly or through the Company, whether by virtue of any constitutionconstitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being . It is expressly agreed and understood that this Indenture and the obligations issued hereunder Notes are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, employee, officer or director, as such, past, present or future, of the Company, either directly or through the Company, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Securities Notes or to be implied therefrom are hereby expressly waived herefrom or therefrom. All liability, if any, of that character against every such incorporator, stockholder, employee, officer and released director, by the acceptance of the Notes and as a condition of, and as a part of the consideration for, for the execution of this Indenture and the issue of such Securities.the Notes, is expressly waived and released. (END OF ARTICLE ONE)

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities. This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any SecurityNote, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporationto the Company, either directly or through the Company or any such predecessor or successor to the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporationto the Company, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such SecuritiesNotes.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors12.01. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 12.01. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company Corporation or of any predecessor or successor corporation, either directly or through the CompanyCorporation or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company Corporation or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 14.1. NO RECOURSE No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Securitythe Debentures, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such SecuritiesDebentures.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 12.01. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any SecurityDebenture, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, as such, of the Company or of any predecessor or successor 94 80 corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, against every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such SecuritiesDebentures.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of 13.01. Incorporators, Stockholders, Officers and DirectorsDirectors of Company and Guarantor Exempt From Individual Liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporationthe Guarantor, either directly or through the CompanyCompany or the Guarantor, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, the Guarantor because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities.. ARTICLE FOURTEEN

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of contained in this IndentureIndenture or in any indenture supplemental hereto, or in any bond hereby secured, or because of any Security, or for any claim based thereon or otherwise in respect thereofindebtedness hereby secured, shall be had against any incorporator, or against any past, present or future stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of Company or any successor corporation under any constitution, statute statute, or rule of lawlaw or equity, or by the enforcement of any assessment or penalty by any legal or equitable proceeding or otherwise; it being expressly agreed and understood that this Indenture Indenture, any indenture supplemental hereto and the obligations issued hereunder hereby and thereby secured are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the such incorporators, stockholders, officers or directors, as such, of the Company Company, or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation incurring of the indebtedness hereby authorized, or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any indenture supplemental hereto or in any of the Securities bonds hereby secured, or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securitiestherefrom.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of, the premium, if any, or the interest on, any Securities, or any part thereof, or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, or of against any Securityincorporator, or for any claim based thereon or otherwise in respect thereof, shall be had or against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company Company, or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the obligations issued hereunder Securities are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Company or of any predecessor or successor corporation, either directly or indirectly through the Company or any such predecessor or successor corporation, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Securities or to be implied therefrom are herefrom or therefrom; and that any such personal liability is hereby expressly waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue of such the Securities; provided, however, that nothing herein or in the Securities contained shall be taken to prevent recourse to and the enforcement of the liability, if any, of any stockholder or subscriber to capital stock upon or in respect of the shares of capital stock not fully paid up.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of (or premium, if any, on), or the interest, if any, on any Security of any series, or for any claim based thereon, or upon any obligation, covenant or agreement of this IndentureSenior Indenture or any indenture supplemental hereto, or of any Security, or for because of any claim based thereon or otherwise in respect thereofindebtedness evidenced thereby, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company Issuer or of any predecessor or successor corporationcorporations thereto, either directly or indirectly through the CompanyIssuer or any predecessor or successor corporations, whether by virtue of any constitution, statute or rule of law, law or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Senior Indenture and all the obligations issued hereunder Securities of each series are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Issuer or of any predecessor or successor corporations thereto, either directly or indirectly through the Issuer or any such predecessor or successor corporations, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Senior Indenture or in any of the Securities of any series, as the case may be, or to be implied therefrom are herefrom or therefrom; and that all such personal liability is hereby expressly released and waived and released as a condition of, and as a part of the consideration for, the execution of this Senior Indenture and the issue issuance of such Securitiesthe Securities of each series.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors14.01. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Subordinated Debt Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in the Subordinated Debt Securities of any of the Securities Series or implied therefrom; and that any and all such personal liability of every name and natureliability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in the Subordinated Debt Securities of any of the Securities Series or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Subordinated Debt Securities. ARTICLE FIFTEEN.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of IncorporatorsSECTION 12.1. INCORPORATORS, StockholdersSTOCKHOLDERS, Officers and DirectorsOFFICERS AND DIRECTORS OF CORPORATION EXEMPT FROM INDIVIDUAL LIABILITY. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporationCorporation, either directly or through the CompanyCorporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, Corporation because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 14.1. NO RECOURSE No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Securitythe Debentures, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever whatever, shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Debentures or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such SecuritiesDebentures.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities. * * * This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 14.1 Immunity of Incorporators, Stockholders, Officers and Directors. No Xxxxxxxxx.Xx recourse under shall be had for the payment of the principal of (or upon premium, if any, on) or interest, if any, on, any obligation, covenant Security of any series (or agreement of this Indentureany Coupon appertaining thereto), or of any Securitypart thereof, or for any claim based thereon or otherwise in respect thereof, shall be had or of the indebtedness represented thereby, or upon any obligation, covenant or agreement of this Indenture, against any incorporator, direct or indirect stockholder, officer or director, as such, past, present or future, of the Company, or of any successor corporation, either directly or through the Company or any successor corporation, whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the Securities of all series (and any Coupons appertaining thereto) are solely corporate obligations, and that no personal liability whatsoever shall attach to, or be incurred by, any incorporator, direct or indirect stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation incurring of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants covenants, promises or agreements contained in this Indenture or in any of the Securities of any series (or any Coupons appertaining thereto) or to be implied therefrom are hereby expressly waived here from or therefrom, and released that all liability, if any, of that character against every such incorporator, stockholder, officer and director is, by the acceptance of the Securities of any series (or any Coupons appertaining thereto), and as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue of such Securitiesthe Securities (and any Coupons appertaining thereto), expressly waived and released.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of SECTION 12.01. Incorporators, Stockholders, Officers and DirectorsDirectors of -------------------------------------------------------- Company Exempt from Individual Liability. No recourse under or upon any -------------------------------------------- obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of IncorporatorsSECTION 12.1. INCORPORATORS, StockholdersSTOCKHOLDERS, Officers and DirectorsOFFICERS AND DIRECTORS OF CORPORATION EXEMPT FROM INDIVIDUAL LIABILITY. No recourse under or upon any obligation, covenant or agreement of this Subordinated Indenture, or of any Subordinated Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporationCorporation, either directly or through the CompanyCorporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Subordinated Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, Corporation because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Subordinated Indenture or in any of the Subordinated Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Subordinated Indenture or in any of the Subordinated Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Subordinated Indenture and the issue of such Subordinated Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. SECTION 12.01 No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. 12.01 No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or futurefuture as such, of the Company or of any predecessor or successor corporation, either directly or through the CompanyCompany or any such predecessor or successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, directors as such, of the Company or of any predecessor or successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or law, in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, director as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue issuance of such Securities.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of principal of, or premium, if any, or interest, if any, on any Security of any series, or for any claim based thereon, or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or indirectly through the CompanyCompany or any successor corporation, or of the Guarantor or of any successor corporation, either directly or indirectly through the Guarantor or any successor corporation, whether by virtue of any constitution, statute or rule of law, law or by the enforcement of any assessment or of penalty or otherwise; it being expressly agreed and understood that this Indenture Indenture, all the Securities of each series and the obligations issued hereunder any Guarantee Agreement are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporatorsany incorporator, stockholdersstockholder, officers officer or directorsdirector, as suchpast, present or future, of the Company or of any successor corporation, either directly or indirectly through the Company or any successor corporation, or of the Guarantor or of any of themsuccessor corporation, either directly or indirectly through the Guarantor or any successor corporation, because of the creation incurring of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or Indenture, in any of the Securities of any series or in any Guarantee Agreement, or to be implied therefrom are herefrom or therefrom; and that all such personal liability is hereby expressly released and waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and any Guarantee Agreement, and the issue issuance of such Securitiesthe Securities of each series.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors1401 LIABILITY SOLELY CORPORATE. No recourse under shall be had for the payment of the principal of or upon any obligationpremium, covenant or agreement of this Indentureif any, or of interest, if any, on any SecuritySecurities, or any part thereof, or for any claim based thereon or otherwise in respect thereof, shall be had or of the indebtedness represented thereby, or upon any obligation, covenant or agreement under this Indenture, against any incorporator, stockholder, officer or director, as such, past, present or future, future of the Company or of any predecessor or successor corporation, corporation (either directly or through the CompanyCompany or a predecessor or successor corporation), whether by virtue of any constitutionconstitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the obligations issued hereunder Securities are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Company or of any predecessor or successor corporation, either directly or indirectly through the Company or any predecessor or successor corporation, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or to be implied therefrom are herefrom or therefrom, and that any such personal liability is hereby expressly waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue issuance of such the Securities.. 60

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under shall be had for the payment of the principal of (or premium, if any, on), or interest, if any, on any Debt Security or of any Guarantee, as the case may be, or for any claim based thereon, or upon any obligation, covenant or agreement of this IndentureIndenture or any indenture supplemental hereto, or of any Debt Security, or for because of any claim based thereon or otherwise in respect thereofindebtedness evidenced thereby, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company Issuer or either Guarantor or of any predecessor or successor corporationcorporation of the Issuer or such Guarantor, either directly or indirectly through the CompanyIssuer or such Guarantor or any predecessor or successor corporation of the Issuer or such Guarantor, whether by virtue of any constitution, statute or rule of law, law or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the obligations issued hereunder Debt Securities and all the Guarantees are solely corporate obligations, and that no personal liability whatever whatsoever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Issuer or such Guarantor or of any predecessor or successor corporation of the Issuer or such Guarantor, either directly or indirectly through the Issuer or such Guarantor or any predecessor or successor corporation of the Issuer or such Guarantor, because of the creation incurring of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any of the Debt Securities or in any of the Guarantees, as the case may be, or to be implied therefrom are herefrom or therefrom; and that all such personal liability is hereby expressly released and waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue issuance of such Securitiesthe Debt Securities and the related Guarantees.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 SECTION 1501. Immunity of Incorporators, Stockholders, Officers and Directors. No recourse under or upon any obligation, covenant or agreement of this Indenture, or of any Security, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities. * * * * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of SECTION XIV.1 Incorporators, Stockholdersstockholders, Officers officers and Directorsdirectors of Company or any Guarantor (other than the Company) exempt from individual liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, Indenture or any indenture supplemental hereto or of any SecurityNote, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or any Guarantor (other than the Company) or of any successor corporation, either directly or through the CompanyCompany or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any Guarantor (other than the Company) or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such SecuritiesNotes.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and Directors1401. Liability Solely Corporate. No recourse under shall be had for the payment of the principal of or upon any obligationpremium, covenant or agreement of this Indentureif any, or of interest, if any, on any SecuritySecurities, or any part thereof, or for any claim based thereon or otherwise in respect thereof, shall be had or of the indebtedness represented thereby, or upon any obligation, covenant or agreement under this Indenture, against any incorporator, stockholder, officer or director, as such, past, present or future, future of the Company or of any predecessor or successor corporation, corporation (either directly or through the CompanyCompany or a predecessor or successor corporation), whether by virtue of any constitutionconstitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and understood that this Indenture and all the obligations issued hereunder Securities are solely corporate obligations, and that no personal liability whatever whatsoever, shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by this Indenture or in any of the Securities or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as suchpast, present or future, of the Company or of any predecessor or successor corporation, either directly or indirectly through the Company or any predecessor or successor corporation, because of the creation of the indebtedness hereby authorized, authorized or under or by reason of any of the obligations, covenants or agreements contained in this Indenture or in any of the Securities or to be implied therefrom are herefrom or therefrom, and that any such personal liability is hereby expressly waived and released as a condition of, and as a part of the consideration for, the execution of this Indenture and the issue issuance of such the Securities.. ARTICLE FIFTEEN

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity 14.01 Indenture and Notes Solely Obligations of Incorporators, Stockholders, Officers and Directorsthe Company. No recourse under or upon any obligation, covenant or agreement of this Indenture, any supplemental indenture, or of any SecurityNote, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, organizer, stockholder, officer member, owner, officer, director, manager or directoremployee, as such, past, present or future, of the Company or any Subsidiary or of any predecessor or successor corporationPerson, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligationsobligations of the Company, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporatorsany incorporator, stockholdersorganizer, officers stockholder, member, owner, officer, director, manager or directorsemployee, as such, of the Company or of any predecessor or successor corporationPerson, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture Indenture, or in any of the Securities Notes or implied therefromthereby; and that any and all such personal liability of every name and natureliability, either at common law or in equity or by constitution or statute, statute of, and any and all such rights and claims against, every such incorporator, organizer, stockholder, officer member, owner, officer, director, manager or directoremployee, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom thereby, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such Securities.Notes. ARTICLE 15

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of Incorporators, Stockholders, Officers and DirectorsSECTION 13.01. No NO recourse under or upon any obligation, covenant or agreement of this Indenture, or of any SecurityDebt Security or coupon, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or of any successor corporation, either directly or through the Company, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Debt Securities or coupons or implied therefrom; and that any and all such personal liability of every name and natureliability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Debt Securities or coupons or implied therefrom therefrom, are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such SecuritiesDebt Securities and coupons.

Immunity of Incorporators Stockholders Officers and Directors. Section 15.01 Immunity of SECTION 14.1 Incorporators, Stockholdersstockholders, Officers officers and Directorsdirectors of Company or any Guarantor (other than the Company) exempt from individual liability. No recourse under or upon any obligation, covenant or agreement of this Indenture, Indenture or any indenture supplemental hereto or of any SecurityNote, or for any claim based thereon or otherwise in respect thereof, shall be had against any incorporator, stockholder, officer or director, as such, past, present or future, of the Company or any Guarantor (other than the Company) or of any successor corporation, either directly or through the CompanyCompany or any successor corporation, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that this Indenture and the obligations issued hereunder are solely corporate obligations, and that no such personal liability whatever shall attach to, or is or shall be incurred by, the incorporators, stockholders, officers or directors, as such, of the Company or any Guarantor (other than the Company) or of any successor corporation, or any of them, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom; and that any and all such personal liability of every name and nature, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer or director, as such, because of the creation of the indebtedness hereby authorized, or under or by reason of the obligations, covenants or agreements contained in this Indenture or in any of the Securities Notes or implied therefrom are hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of such SecuritiesNotes.