DISCLAIMER OF THE TRUSTEE. The Trustee does not make any representation as to the validity or adequacy of this Indenture or the Securities; the Trustee shall not be accountable for the Company’s use of the proceeds from the Securities; and the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.
DISCLAIMER OF THE TRUSTEE. The Trustee does not make any representation as to the validity, sufficiency or adequacy of this Indenture or the Securities; the Trustee shall not be accountable for the Company’s use of the proceeds from the Securities; and the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication. The Trustee shall not be responsible to make any calculation with respect to any matter under this Indenture. The Trustee shall have no duty to monitor or investigate the Company’s compliance with or the breach of, or cause to be performed or observed, any representation, warranty, or covenant or agreement of any Person, other than the Trustee, made in this Indenture.
DISCLAIMER OF THE TRUSTEE. THE CONVERSION AGENT AND THE SECURITIES AGENT. None of the Trustee, the Conversion Agent or the Securities Agent shall have any duty to determine when an adjustment under this ARTICLE X should be made, how it should be made or what such adjustment should be, but each may accept as conclusive evidence of the correctness of any such adjustment, and shall be protected in relying upon, the Officer's Certificate with respect thereto which the Company is obligated to file with the Trustee, the Conversion Agent and the Securities Agent pursuant to SECTION 10.09 hereof. None of the Trustee, the Conversion Agent or the Securities Agent makes any representation as to the validity or value of any securities or assets issued upon conversion of Securities, and none of them shall be responsible for the failure by the Company to comply with any provisions of this ARTICLE X. None of the Trustee, the Conversion Agent or the Securities Agent shall be under any responsibility to determine the correctness of any provisions contained in any supplemental indenture executed pursuant to SECTION 10.11, but each of them may accept as conclusive evidence of the correctness thereof, and shall be protected in relying upon, an Opinion of Counsel and the Officer's Certificate with respect thereto which the Company is obligated to file with the Trustee and the Securities Agent pursuant to SECTION 10.11 hereof.
DISCLAIMER OF THE TRUSTEE. The Trustee does not make any representation as to the validity or adequacy of this Indenture or the Notes; the Trustee shall not be accountable for the Company’s use of the proceeds from the Notes. Furthermore, the Trustee shall not be responsible for any statement in the Notes other than its certificate of authentication.
