No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as such, or against any past, present or future shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 23 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), Indenture (Capstone Turbine Corp)
No Personal Liability. No recourse under or upon on any obligation, --------------------- covenant or agreement contained in this Indenture, Indenture or in any Security or coupon appertaining theretoany coupon, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future director, officer, employee or shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 4 contracts
Samples: McLeodusa Inc, McLeodusa Inc, Security Capital Group Inc/
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, Indenture or in any Security or coupon appertaining theretoNote, or because of any indebtedness evidenced thereby, shall be had against any promoter, as such, or against any past, present or future shareholder, officer or director, as such, of the Company or the Guarantor or of any successor, of their successors either directly or through the Company or the Guarantor or any successor, of their successors under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities Notes by the Holders thereof and as part of the consideration for the issue of the SecuritiesNotes.
Appears in 4 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)
No Personal Liability. No recourse under or upon on any --------------------- obligation, covenant or agreement contained in this Indenture, Indenture or in any Security or coupon appertaining theretoany coupon, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future director, officer, employee or shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 3 contracts
Samples: Indenture (Homestead Village Inc), Homestead Village Inc, Security Capital Group Inc/
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 3 contracts
Samples: Capital Lease (Capital Lease Funding Inc), Friedman Billings Ramsey Group Inc, Friedman Billings Ramsey Group Inc
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future shareholder, officer officer, trustee or directoremployee, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 2 contracts
Samples: First Union Real Estate Equity & Mortgage Investments, First Union Real Estate Equity & Mortgage Investments
No Personal Liability. No recourse under or upon any --------------------- obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as such, or against any past, present or future shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 2 contracts
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoterincorporator, as such, or against any past, present or future shareholderstockholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
No Personal Liability. No recourse under or upon on any obligation, --------------------- covenant or agreement contained in this Indenture, Indenture or in any Security or coupon appertaining theretoany coupon, or because of any indebtedness evidenced thereby, shall be had against any promoter, as such, or against any past, present or future director, officer, employee or shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 2 contracts
Samples: Security Capital U S Realty, Security Capital U S Realty
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future shareholderstockholder, officer or director, director as such, of the Company or of any successor, either directly or through though the Company or any successor, successor under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 1 contract
Samples: Indenture (Pseg Energy Holdings Inc)
No Personal Liability. No recourse under or upon on any obligation, covenant or agreement contained in this Indenture, Indenture or in any Security or coupon appertaining theretoany coupon, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future director, officer, employee or shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 1 contract
Samples: Security Capital Atlantic Inc
No Personal Liability. No recourse under or upon on any --------------------- obligation, covenant or agreement contained in this Indenture, First Supplemental Indenture or in any Security or coupon appertaining theretothe Notes, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future director, officer, employee or shareholder, officer or director, as such, of the Company or of any successor, either directly or through the Company or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities Notes by the Holders thereof and as part of the consideration for the issue of the SecuritiesNotes.
Appears in 1 contract
Samples: McLeodusa Inc
No Personal Liability. No recourse under or upon any obligation, covenant or agreement contained in this Indenture, in any Security or coupon appertaining thereto, or because of any indebtedness evidenced thereby, shall be had against any promoter, as suchsuch or, or against any past, present or future shareholder, officer or director, as such, of the Company Trust or of any successor, either directly or through the Company Trust or any successor, under any rule of law, statute or constitutional provision or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, all such liability being expressly waived and released by the acceptance of the Securities by the Holders thereof and as part of the consideration for the issue of the Securities.
Appears in 1 contract
