Common use of Trust Provision Clause in Contracts

Trust Provision. This Agreement and all documents, agreements, undertakings and arrangements relating thereto have been negotiated, executed and delivered on behalf of the Company by the trustees or officers thereof in their representative capacity under the Declaration of Trust of Glimcher Realty Trust, and not individually, and bind only the trust estate of the Company, and no trustee, officer, employee, agent or shareholder of the Company shall be bound or held to any personal liability or responsibility in connection with the agreements, obligations and undertakings of the Company thereunder, and any person or entity dealing with the Company in connection therewith shall look solely to the trust estate for the payment of any claim or for the performance of any agreement, obligation or undertaking thereunder. The Rights Agent acknowledges and agrees that each agreement and transaction shall be deemed and treated to include in all respects and for all purposes the foregoing exculpatory provision.

Trust Provision. This Agreement and all documents, agreements, undertakings and arrangements relating thereto have been negotiated, executed and delivered on behalf of the Company by the trustees or officers thereof in their representative capacity under the Declaration of Trust of Glimcher Kranzco Realty Trust, and not individually, and bind only the trust estate of the Company, and no trustee, officer, employee, agent or shareholder of the Company shall be bound or held to any personal liability or responsibility in connection with the agreements, obligations and undertakings of the Company thereunder, and any person or entity dealing with the Company in connection therewith shall look solely to the trust estate for the payment of any claim or for the performance of any agreement, obligation or undertaking thereunder. The Rights Agent acknowledges and agrees that each agreement and transaction shall be deemed and treated to include in all respects and for all purposes the foregoing exculpatory provision.