Common use of Disclaimer of Responsibility for Certain Matters Clause in Contracts

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder of Securities to determine whether any facts exist which may require an adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Stock, or of any securities or property, which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any conversion agent makes any representation with respect thereto. Neither the Trustee nor any agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Stock or stock certificates or other securities or property upon the surrender of any Security for the purpose of conversion or, subject to Sections 7.01 and 7.02, to comply with any of the covenants of the Company contained in this Article.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder Holder of Securities Debentures to determine whether any facts exist which may require an any adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g)12.05 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture Indenture provided to be employed, in making the same. Neither the Trustee nor any agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Stockcommon stock, or of any securities or propertyproperty (including cash), which may at any time be issued or delivered upon the conversion of any SecurityDebenture; and neither the Trustee nor any conversion agent makes any representation with respect thereto. Neither the Trustee nor any agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Stock common stock or stock certificates or other securities or property (including cash) upon the surrender of any Security Debenture for the purpose of conversion or, subject to Sections 7.01 and 7.02Article 7 hereof, to comply with any of the covenants of the Company contained in this ArticleArticle 11.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder of Securities Debentures to determine whether any facts exist which may require an any adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g)15.05, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture as specified as contemplated in Section 2.01 provided to be employed, in making the same. Neither the Trustee nor any agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Stock, or of any securities or property, which may at any time be issued or delivered upon the conversion of any SecurityDebenture; and neither the Trustee nor any conversion agent makes any representation with respect thereto. Neither the Trustee nor any agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Stock or stock certificates or other securities or property upon the surrender of any Security Debenture for the purpose of conversion or, subject to Sections 7.01 and 7.02, to comply with any of the covenants of the Company contained in this ArticleArticle or specified as contemplated in Section 2.01.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder Holder of Securities Notes to determine whether any facts exist which may require an any adjustment of the Conversion Exchange Price, or with respect to the Officers' Certificate referred to in Section 15.06(g)14.05 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Stockcommon stock, or of any securities or propertyproperty (including cash), which may at any time be issued or delivered upon the conversion exchange of any SecurityNote; and neither the Trustee nor any conversion exchange agent makes any representation with respect thereto. Neither the Trustee nor any agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Stock common stock or stock certificates or other securities or property (including cash) upon the surrender of any Security Note for the purpose of conversion exchange or, subject to Sections 7.01 and 7.02Article 8 hereof, to comply with any of the covenants of the Company contained in this ArticleArticle 14.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee Trustee, any Conversion Agent nor any agent of the Trustee either shall at any time be under any duty or responsibility to any holder Holder of Securities to determine whether any facts exist which may require an any adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g), or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee Trustee, any Conversion Agent nor any agent of the Trustee either shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Common Stock, or of any securities or propertyproperty (including cash), which may at any time be issued or delivered upon the conversion of any Security; , and neither the Trustee Trustee, any Conversion Agent nor any conversion agent of either makes any representation with respect thereto. Neither the Trustee Trustee, any Conversion Agent nor any agent of the Trustee either shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Common Stock or stock certificates or other securities or property (including cash) upon the surrender of any Security for the purpose of conversion or, subject to Sections 7.01 601 and 7.02603, to comply with any of the covenants of the Company contained in this ArticleArticle Fifteen.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder Holder of Securities to determine whether any facts exist which may require an any adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g)13.5 hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Common Stock, or of any securities or propertyproperty (including cash), which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any conversion agent Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Common Stock or stock certificates or other securities or property (including cash) upon the surrender of any Security for the purpose of conversion or, subject to Sections 7.01 and 7.02Article VIII hereof, to comply with any of the covenants of the Company contained in this ArticleArticle XIII.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any agent of the Trustee shall at any time be under any duty or responsibility to any holder Holder of Securities to determine whether any facts exist which may require an any adjustment of the Conversion Price, or with respect to the Officers' Certificate referred to in Section 15.06(g)12.5(j) hereof, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any conversion agent of the Trustee shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Capital Common Stock, or of any securities or propertyproperty (including cash), which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any conversion agent makes any representation with respect thereto. Neither the Trustee nor any conversion agent of the Trustee shall be responsible for any failure of the Company to issue, register the transfer of or deliver any shares of Capital Common Stock or stock certificates or other securities or property (including cash) upon the surrender of any Security for the purpose of conversion or, subject to Sections 7.01 and 7.02Article 7 hereof, to comply with any of the covenants of the Company contained in this ArticleArticle 12.