Trustee Exculpation. When this Agreement is executed on behalf of a member of the Family Group by the trustee of any trust, such execution is by the trustee, not individually but solely as trustee in the exercise of and under the power and authority conferred upon and invested in such trustee, and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on any such trustee personally to pay any amounts required to be paid hereunder, or to perform any covenant, either express or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto by their execution hereof. Any liability hereunder of any member of the Family Group which is a trust shall be only that of such trust to the full extent of its trust estate and shall not be a personal liability of any trustee, grantor or beneficiary thereof.
Appears in 4 contracts
Sources: Shareholder Agreement (Clayton Dubilier & Rice Fund VII L P), Stockholders Agreement (New Sally Holdings, Inc.), Stockholders Agreement (Alberto Culver Co)
Trustee Exculpation. When this Agreement is executed on behalf of a member of the Family Group by the trustee of any trusttrust in his or her capacity as trustee, such execution is by the trustee, trustee not individually but solely as trustee in the exercise of and under the power and authority conferred upon and invested in such trustee, and it . It is expressly understood and agreed that nothing herein contained the execution of this Agreement by the trustee of a trust in his or her capacity as a trustee shall be construed as creating not create any liability on any such trustee personally to pay any amounts required to be paid hereunder, or to perform any covenant, either express or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto by their execution hereof. Any liability hereunder of any member of the Family Group party which is a trust shall be only that of such trust to the full extent of its trust estate and shall not be a personal liability of any trustee, grantor or beneficiary thereof.
Appears in 2 contracts
Sources: Stockholder Agreement (Unilever N V), Stockholder Agreement (Alberto-Culver CO)