Common use of No Obligation to Cause Actions of Other Entities Clause in Contracts

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 agrees that WuXi has no obligation to cause any Affiliate of WuXi (collectively, the “WuXi-Related Entities”) to take any action, or omit to take any action, under and/or in connection with this Agreement.

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 Shaw-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 Shaw-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 ▇▇▇▇ Bill & ▇▇▇▇▇▇▇ ▇▇▇▇▇ 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 agrees that WuXi has no obligation to cause any Affiliate of WuXi (collectively, the “WuXi-Related Entities”) to take any action, or omit to take any action, under and/or in connection with this Agreement.. [Remainder of page intentionally left blank]