No Obligation to Cause Actions of Other Entities Sample Clauses

No Obligation to Cause Actions of Other Entities. (a) Each of the Company and each Investor acknowledges and agrees that (a) ▇▇▇▇▇ ▇. ▇▇▇▇ has no obligation to cause any Affiliate, any DESCO Group Entity, ▇. ▇. ▇▇▇▇ & Co., L.P., or D. E. Shaw Valence Portfolios, L.L.C. (collectively, the “Other ▇▇▇▇-Related Entities”) to take any action, or omit to take any action, under and/or in connection with this Agreement, (b) no personal liability whatsoever (of any type or nature) will attach to, or be incurred by, ▇▇▇▇▇ ▇. ▇▇▇▇ because of any incurring by any Other ▇▇▇▇-Related Entity of any obligation set forth in this Agreement, and (c) any personal liability of ▇▇▇▇▇ ▇. ▇▇▇▇ in respect of any such obligations of any type or nature, and any and all claims for any such liability against ▇▇▇▇▇ ▇. ▇▇▇▇, whether arising in common law or equity or created by rule of law, statute, constitution, or otherwise, are expressly released and waived by each of the Company and each Investor as a condition of, and as part of the consideration for, the execution and delivery of this Agreement by ▇▇▇▇▇ ▇. ▇▇▇▇. (b) Each of the Company and each Investor acknowledges and agrees that (a) Gates has no obligation to cause any of the Trust, Cascade, the ▇▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇▇▇ Foundation or any other Affiliate (each, a “Gates-Related Entity”) to take any action, or omit to take any action, under and/or in connection with this Agreement, (b) no personal liability whatsoever (of any type or nature) will attach to, or be incurred by, Gates because of any incurring by any Gates-Related Entity of any obligation set forth in this Agreement, and (c) any personal liability of Gates in respect of any such obligations of any type or nature, and any and all claims for any such liability against Gates, whether arising in common law or equity or created by rule of law, statute, constitution, or otherwise, are expressly released and waived by each of the Company and each Investor as a condition of, and as part of the consideration for, the execution and delivery of this Agreement by the Trust. Each of the Company and each Investor further agrees that Gates is an intended third-party beneficiary of this Section 6.16(b). (c) Each of the Company and each Investor acknowledges and agrees that Deerfield has no obligation to cause any Affiliate of Deerfield (collectively, the “Deerfield-Related Entities”) to take any action, or omit to take any action, under and/or in connection with this Agreement. (d) Each of the Company and each Investor acknowledges and...
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Related to No Obligation to Cause Actions of Other Entities

  • Liability of Custodian for Actions of Other Persons (a) Domestic Subcustodians and Foreign Subcustodians. The Custodian shall be liable for the actions or omissions of any Domestic Subcustodian or any Foreign Subcustodian to the same extent as if such action or omission were performed by the Custodian itself. In the event of any loss, damage or expense suffered or incurred by a Fund caused by or resulting from the actions or omissions of any Domestic Subcustodian or Foreign Subcustodian for which the Custodian would otherwise be liable, the Custodian shall promptly reimburse such Fund in the amount of any such loss, damage or expense.

  • No Obligation to Pursue Others Bank has no obligation to attempt to satisfy the Obligations by collecting them from any other person liable for them and Bank may release, modify or waive any collateral provided by any other Person to secure any of the Obligations, all without affecting Bank’s rights against Borrower. Borrower waives any right it may have to require Bank to pursue any other Person for any of the Obligations.

  • No Obligation to Act The Agent shall not be obligated to do any of the acts or to exercise any of the powers authorized by Section 9-1 herein, but if the Agent elects to do any such act or to exercise any of such powers, it shall not be accountable for more than it actually receives as a result of such exercise of power, and shall not be responsible to the Borrower for any act or omission to act except for any act or omission to act as to which there is a final determination made in a judicial proceeding (in which proceeding the Agent has had an opportunity to be heard) which determination includes a specific finding that the subject act or omission to act had been grossly negligent or in actual bad faith.

  • Affiliations of Trustees or Officers, Etc The fact that: (i) any of the Shareholders, Trustees or officers of the Trust or any Series thereof is a shareholder, director, officer, partner, trustee, employee, manager, adviser or distributor of or for any partnership, corporation, trust, association or other organization or of or for any parent or affiliate of any organization, with which a contract of the character described in this Article III or for services as Custodian, Transfer Agent or disbursing agent or for related services may have been or may hereafter be made, or that any such organization, or any parent or affiliate thereof, is a Shareholder of or has an interest in the Trust, or that (ii) any partnership, corporation, trust, association or other organization with which a contract of the character described in Sections 1, 2, 3 or 4 of this Article III or for services as Custodian, Transfer Agent or disbursing agent or for related services may have been or may hereafter be made also has any one or more of such contracts with one or more other partnerships, corporations, trusts, associations or other organizations, or has other business or interests, shall not affect the validity of any such contract or disqualify any Shareholder, Trustee or officer of the Trust from voting upon or executing the same or create any liability or accountability to the Trust or its Shareholders.

  • Liability of the Custodian for Actions of Others (a) Domestic Subcustodians ---------------------- The Custodian shall be liable for the acts or omissions of any Domestic Subcustodian to the same extent as if such actions or omissions were performed by the Custodian itself.