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

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any Conversion Agent shall at any time be under any duty or responsibility to any Holder of Debentures to determine whether any facts exist which may require any adjustment of the Conversion Price for any series of Debentures, 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 shall be accountable with respect to the registration, validity or value (or the kind or amount) of any shares of Common Stock Series A, or of any securities or property, which may any time be issued or delivered upon the conversion of any Debenture; and neither the Trustee nor any Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to issue or deliver any shares of Common Stock Series A or stock certificates or other securities, cash or property upon the surrender of any Debenture for the purpose of conversion, or, subject to Section 1.4 of the Indenture, to comply with any of the covenants of the Company obtained in this Article 5.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any Conversion Agent shall at any time be under any duty or responsibility to any Holder holder of Debentures Notes to determine whether any facts exist which may require any adjustment of the Conversion Price for any series of DebenturesPrice, 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 shall be accountable with respect to the registration, listing or registration referred to in Section 5.11 or the validity or value (or the kind or amount) of any shares of Common Stock Series AStock, or of any securities securities, cash or other property, which may at any time be issued or delivered upon the conversion of any DebentureNote; and neither the Trustee nor any Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to issue issue, transfer or deliver any shares of Common Stock Series A or stock certificates or other securities, cash securities or property or to make any cash payment upon the surrender of any Debenture Note for the purpose of conversion, conversion or, subject to the provisions of Section 1.4 of the Indenture9.1, to comply with any of the covenants of the Company obtained contained in this Article 5.

Disclaimer of Responsibility for Certain Matters. Neither the Trustee nor any Conversion Agent shall at any time be under any duty or responsibility to any Holder holder of Debentures Notes to determine whether any facts exist which may require any adjustment of the Conversion Price for any series of DebenturesPrice, 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 shall be accountable with respect to the registration, listing or registration referred to in Section 5.8 or the validity or value (or the kind or amount) of any shares of Common Stock Series AStock, or of any securities securities, cash or other property, which may at any time be issued or delivered upon the conversion of any DebentureNote; and neither the Trustee nor any Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any Conversion Agent shall be responsible for any failure of the Company to issue issue, transfer or deliver any shares of Common Stock Series A or stock certificates or other securities, cash securities or property or to make any cash payment upon the surrender of any Debenture Note for the purpose of conversion, conversion or, subject to the provisions of Section 1.4 of the Indenture9.1, to comply with any of the covenants of the Company obtained contained in this Article 5.