Common use of Relationship Among Parties Clause in Contracts

Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders under this Agreement shall be several, not joint, with respect to the Company. The Consenting Noteholders represent and warrant that as of the date of this Agreement and for so long as this Agreement remains in effect, the Consenting Noteholders have no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Company. Nothing contained in this Agreement, and no action taken by any Consenting Noteholder pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended to constitute the Consenting Noteholders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that any Consenting Noteholder is in any way acting in concert or as a member of a “group” with any other Consenting Noteholder or Consenting Noteholders within the meaning of Rule 13d-5 under the U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831, in each case, as amended and/or complemented. No fiduciary, advisory or agency relationship among the Consenting Noteholders, between the Consenting Noteholders and the Ad-Hoc Committee, or between the Company, the Consenting Noteholders or the Ad-Hoc Committee is intended to be or has been created by this Agreement and each Party hereto each waives, to the fullest extent permitted by law, any claims that such Party may have against the other Parties for breach of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditors.

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

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

Relationship Among Parties. (a) Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Noteholders Commitment Parties, on the one hand, and the Debtors, on the other hand, arising under this Agreement shall be several, not joint, with respect to the Company. The Consenting Noteholders represent and warrant that as of the date No Party shall have any responsibility by virtue of this Agreement and for so long as any trading by any other entity. No prior history, pattern, or practice of sharing confidences among or between the Parties shall in any way affect or negate this Agreement. The Parties hereto acknowledge that this Agreement remains in effect, the Consenting Noteholders have no does not constitute an agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of the CompanyDebtors and the Commitment Parties do not constitute a “group” within the meaning of Rule 13d-5 under the Securities Exchange Act of 1934, as amended. Nothing contained in this Agreement, herein or any Definitive Documentation and no action taken by any Consenting Noteholder Commitment Party pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended to this Agreement shall be deemed to constitute the Consenting Noteholders as a partnership, an association, a joint venture or any other kind of entity, or to create a presumption by any parties that any Consenting Noteholder is the Commitment Parties are in any way acting in concert or as a member of a “group” with any other Consenting Noteholder (or Consenting Noteholders within the meaning of Rule 13d-5 under the U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831a joint venture, in each casepartnership or association), as amended and/or complemented. No fiduciary, advisory or agency relationship among the Consenting Noteholders, between the Consenting Noteholders and the Ad-Hoc Committee, or between the Company, the Consenting Noteholders Debtors will not assert any such claim with respect to such obligations or the Ad-Hoc Committee is intended to be or has been created transactions contemplated by this Agreement or the Definitive Documentation, and the Debtors acknowledge that neither the HoldCo Equityholders Commitment Parties nor the HoldCo Noteholder Commitment Parties are acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement or the Definitive Documentation. The Debtors acknowledge and each HoldCo Equityholder Commitment Party hereto and each waives, to HoldCo Noteholder Commitment Party confirms that it has independently participated in the fullest extent permitted by law, any claims that such Party may have against negotiation of the other Parties for breach transactions contemplated under this Agreement and the Definitive Documentation with the advice of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, counsel and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditorsadvisors.

Relationship Among Parties. Notwithstanding anything herein to the contrarycontrary herein, the duties and obligations of the Consenting Noteholders Stakeholders under this Agreement shall be several, not joint, with respect to the Companyeach Consenting Stakeholder. The It is understood and agreed that no Consenting Noteholders represent and warrant that as Stakeholder owes any duty of the date of this Agreement and for so long as this Agreement remains in effect, the Consenting Noteholders have no agreement, arrangement, trust or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing confidence of any equity securities kind or form to any other Party as a result of the Company. Nothing contained in entering into this Agreement, and there are no commitments among or between the Consenting Stakeholders, in each case except as expressly set forth in this Agreement. In this regard, it is understood and agreed that any Consenting Stakeholder may trade in Company Claims/Interests without the consent of any other Party, subject to applicable securities laws and the terms of this Agreement, including Section 8; provided, however, that no Consenting Stakeholder shall have any responsibility for any such trading to any other Person by virtue of this Agreement. No prior history, pattern or practice of sharing confidences among or between the Parties shall in any way affect or negate this understanding and agreement. No Consenting Stakeholder shall, as a result of its entering into and performing its obligations under this Agreement, be deemed to be part of a “group” (as that term is used in Section 13(d) of the Exchange Act or Rule 13d-5 promulgated thereunder) with any other Party. For the avoidance of doubt, no Consenting Stakeholder shall, nor shall any action taken by a Consenting Stakeholder pursuant to this Agreement, be deemed to be acting in concert or as any Consenting Noteholder pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended to constitute the Consenting Noteholders as a partnership, an association, a joint venture or group with any other kind of entity, or Consenting Stakeholder with respect to the obligations under this Agreement nor shall this Agreement create a presumption that any the Consenting Noteholder is Stakeholders are in any way acting in concert or as a member of a “group.” with any other Consenting Noteholder or Consenting Noteholders within The decision to commit to enter into the meaning of Rule 13d-5 under the U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831, in each case, as amended and/or complemented. No fiduciary, advisory or agency relationship among the Consenting Noteholders, between the Consenting Noteholders and the Ad-Hoc Committee, or between the Company, the Consenting Noteholders or the Ad-Hoc Committee is intended to be or has been created transactions contemplated by this Agreement and has been made independently by each Party hereto each waives, to the fullest extent permitted by law, any claims that such Party may have against the other Parties for breach of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditorshereto.

Relationship Among Parties. Notwithstanding anything herein to the contrary, the duties and obligations of the Consenting Deferring Noteholders under this Agreement shall be several, not joint, with respect to the Company. The Consenting Deferring Noteholders represent and warrant that as of the date of this Agreement and for so long as this Agreement remains in effect, the Consenting Deferring Noteholders have no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting or disposing of any equity securities of the Company. Nothing contained in this Agreement, and no action taken by any Consenting Deferring Noteholder pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended to constitute the Consenting Deferring Noteholders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that any Consenting Deferring Noteholder is in any way acting in concert or as a member of a “group” with any other Consenting Deferring Noteholder or Consenting Deferring Noteholders within the meaning of Rule 13d-5 under the U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831, in each case, as amended and/or complemented. No fiduciary, advisory or agency relationship among the Consenting Deferring Noteholders, between the Consenting Deferring Noteholders and the Ad-Hoc Committee, or between the Company, the Consenting Deferring Noteholders or the Ad-Hoc Committee is intended to be or has been created by this Agreement and each Party hereto each waives, to the fullest extent permitted by law, any claims that such Party may have against the other Parties for breach of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditors.

Relationship Among Parties. Notwithstanding anything herein to the contrarycontrary herein, the duties and obligations of the Consenting Noteholders Creditors under this Agreement shall be several, not joint. None of the Consenting Creditors shall, solely as a result of entering into this Agreement, have any fiduciary duty, any duty of trust or confidence in any form, or other duties or responsibilities to each other, any Consenting Creditors, Ascent, any of Ascent’s respective creditors or other stakeholders, any Company Party, or any of the Company Party’s respective creditors or other stakeholders, and there are no commitments among or between the Consenting Creditors, in each case except as expressly set forth in this Agreement. No prior history, pattern, or practice of sharing confidence among or between any of the Consenting Creditors, Ascent and/or the Company Parties shall in any way affect or negate this understanding and agreement. It is understood and agreed that any Consenting Creditor may trade in the Company Claims without the consent of any other Party, subject to applicable securities laws and the terms of this Agreement. No Party hereto shall have any responsibility with respect to the CompanyTransfer of any Company Claims by any other Party by virtue of this Agreement. The Consenting Noteholders represent and warrant that as of the date of this Agreement and for so long as this Agreement remains in effect, the Consenting Noteholders Parties have no agreement, arrangement, or understanding with respect to acting together for the purpose of acquiring, holding, voting voting, or disposing of any equity securities of any of the CompanyCompany Parties and do not constitute a “group” within the meaning of Section 13(d)(3) of the Exchange Act or Rule 13d-5 promulgated thereunder. Nothing contained in For the avoidance of doubt, no Consenting Creditor shall, nor shall any action taken by a Consenting Creditor pursuant to this Agreement, and no action taken by any Consenting Noteholder pursuant hereto (including, but not limited to, the formation and participation in the Ad-Hoc Committee) is intended be deemed to constitute the Consenting Noteholders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that any Consenting Noteholder is in any way be acting in concert or as a member of a “group” any group with any other Consenting Noteholder or Consenting Noteholders within the meaning of Rule 13d-5 under the U.S. Securities Exchange Act of 1934 and/or Argentine Law 26,831, in each case, as amended and/or complemented. No fiduciary, advisory or agency relationship among the Consenting Noteholders, between the Consenting Noteholders and the Ad-Hoc Committee, or between the Company, the Consenting Noteholders or the Ad-Hoc Committee is intended to be or has been created by this Agreement and each Party hereto each waives, Creditor with respect to the fullest extent permitted by law, any claims that such Party may have against the other Parties for breach of fiduciary duty or alleged breach of fiduciary duty arising solely from this Agreement, and agree that each Party hereto will have no liability (whether direct or indirect) to each other in respect of such fiduciary duty claim or to any person asserting such a fiduciary duty claim on behalf of such Party, including such Party’s equity holders, employees or creditors.54

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