No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 42 contracts
Samples: Indenture (Clarksburg Skylark, LLC), Indenture (Enflex Corp), Indenture (Horsehead Corp)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, such Guarantor under the Securities or Notes, the Guarantees, this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes and the Guarantees. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 14 contracts
Samples: Indenture (Ball Corp), Supplemental Indenture (BALL Corp), Indenture (Ball Corp)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, member, manager or stockholder of the Company or any Guarantorstockholder, as such, will of an Issuer or any Guarantor shall have any liability for any obligations of the Company Issuers or any Guarantor, respectively, of the Guarantors under the Securities or Notes, this Indenture Indenture, the Guarantees or for any claim based on, in respect of, or by reason of, such those obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The This waiver may not be effective to waive liabilities under the federal securities laws, and it is the view of the Commission that such a waiver is against public policy.
Appears in 13 contracts
Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, member, manager, partner (whether general or limited), unitholder or stockholder of the Company Issuers, the General Partner or any Guarantor, as such, will have any liability for any obligations of the Company Issuers, the General Partner or any Guarantor, respectively, under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 11 contracts
Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Western Gas Partners LP), Indenture (Genesis Sekco, LLC)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, such Guarantor under the Securities or Securities, the Security Guarantees, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 8 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), West Virginia Management Services Organization, Inc.
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture Indenture, the Security Documents, the Intercreditor Agreement or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 8 contracts
Samples: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Indenture (Melco Resorts & Entertainment LTD), Supplemental Indenture (Melco Crown Entertainment LTD)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Subsidiary Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Subsidiary Guarantors under the Securities or Notes, this Indenture Indenture, the Subsidiary Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 6 contracts
Samples: Vistra Corp., Supplemental Indenture (Vistra Energy Corp.), Indenture (Vistra Energy Corp.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, stockholder, member or stockholder unitholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or the Guarantors under any GuarantorSecurities, respectivelythis Indenture, under the Securities or this Indenture Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a any Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the any Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 6 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture Indenture, the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 5 contracts
Samples: Indenture (GXS Corp), Hercules Inc, First Supplemental Indenture (Jarden Corp)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, of the Guarantors under the Securities or Notes, this Indenture Indenture, the Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver and release may not be effective to waive or release liabilities under the U.S. federal securities laws.
Appears in 4 contracts
Samples: Sinoenergy CORP, Xinyuan Real Estate Co LTD, Fushi International Inc
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any GuarantorCompany, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or Securities, this Indenture Indenture, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 4 contracts
Samples: Indenture (Education Realty Trust, Inc.), Indenture (Corrections Corp of America), Corrections Corp of America
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Securities, this Indenture Indenture, the Security Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, Guarantor under the Securities or Notes, this Indenture Indenture, the Note Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 2 contracts
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantoror, if any, the Subsidiary Guarantors, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or Securities, this Indenture Indenture, any Subsidiary Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the any Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 2 contracts
Samples: Indenture (Vistra Corp.), Vistra Energy Corp.
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Subsidiary Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Subsidiary Guarantors under the Securities or Notes, this Indenture Indenture, the Security Documents or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 2 contracts
Samples: Db Trustees (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Db Trustees (Melco Crown Entertainment LTD)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creationobligations. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 2 contracts
Samples: Indenture (Cott USA Finance LLC), Cott USA Finance LLC
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company Issuer or any Guarantor, as such, will have any liability for any obligations of the Company Issuer or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture Indenture, the Note Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Indenture (AbitibiBowater Inc.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, partner, member of stockholder of the Company, or of any member, partner or stockholder of the Company or any Guarantorsuch entity, as such, will shall have any liability for any obligations obligation of the Company or any Guarantor, respectively, under the Securities or Notes, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The Such waiver may not be effective to waive liabilities under the federal securities lawslaws and it is the view of the SEC that such a waiver is against public policy.
Appears in 1 contract
Samples: Indenture (National Oilwell Inc)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, such Guarantor under the Securities or Notes, the Guarantees, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes and the Guarantees. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Ball Corp
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, partner or stockholder of the Company or any Guarantorthe Parent, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Parent under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Texas Petrochemicals Lp
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, manager, member, partner, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Indenture (Diamondback Energy, Inc.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any GuarantorCompany, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Associated Estates Realty Corp
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture the Subsidiary Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Indenture (Ipc Acquisition Corp)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator incorporator, member, partner or stockholder of the Company Holdings or any Guarantorof its Subsidiaries, as such, will Parent Entities or Affiliates shall have any liability liability, for any obligations of Holdings, the Company Issuer or any Guarantor, respectively, the Guarantors under the Securities or this Indenture Note Documents or for any claim based on, in respect of, or by reason of, of such obligations or their creation. Each Holder of Securities by accepting a Security Notes waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The Such waiver may not be effective to waive liabilities under the federal securities lawslaws and it is the view of the SEC that such a waiver is against public policy.
Appears in 1 contract
Samples: Indenture (Cushman & Wakefield PLC)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture Indenture, the Note Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities lawslaws and it is the view of the SEC that such a waiver is against public policy.
Appears in 1 contract
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantors under the Securities or Notes, this Indenture the Subsidiary Guarantees, or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Notes by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Indenture (Neomarkers Inc)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any GuarantorCompany, as such, will have any liability for any obligations of the Company or any Guarantor, respectively, under the Securities or Securities, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities Holder, by accepting a Security the Securities, waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The waiver may not be effective to waive liabilities under the federal securities laws.. ARTICLE TWO
Appears in 1 contract
Samples: New Century Financial Corp
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will have any liability for any obligations of the Company or the Guarantors under any GuarantorSecurities, respectivelythis Indenture, under the Securities or this Indenture Subsidiary Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a any Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the any Securities. The waiver may not be effective to waive liabilities under the federal securities laws.
Appears in 1 contract
Samples: Indenture (NRG Energy, Inc.)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, Guarantor under the Securities or Notes, the Note Guarantees, this Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of Securities by accepting a Security Note waives and releases all such liability. The waiver and release are part of the consideration for issuance of the SecuritiesNotes and the Note Guarantees. The Such waiver may not be effective to waive liabilities under the federal securities lawslaws and it is the view of the SEC that such a waiver is against public policy.
Appears in 1 contract
Samples: Indenture (Horizon PCS Inc)
No Personal Liability of Directors, Officers, Employees and Stockholders. No past, present or future director, officer, employee, incorporator or stockholder of the Company or any Guarantor, as such, will shall have any liability for any obligations of the Company or any Guarantor, respectively, the Guarantor under the Securities Securities, any Guarantees, the Indenture or this Supplemental Indenture or for any claim based on, in respect of, or by reason of, such obligations or their creation. Each Holder of the Securities by accepting a Security waives and releases all such liability. The waiver and release are part of the consideration for issuance of the Securities. The Such waiver may not be effective to waive liabilities under the federal securities lawslaws and it is the view of the Commission that such a waiver is against public policy.
Appears in 1 contract
Samples: Beverly Enterprises Inc /De/