DUTIES OF TRUSTEE REGARDING CONVERSION. Neither the Trustee nor any conversion agent shall at any time be under any duty or responsibility to any Holder of Securities of any series that is convertible into Common Stock of the Company to determine whether any facts exist which may require any adjustment of the conversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, whether herein or in any supplemental indenture, any resolutions of the Board of Directors or written instrument executed by one or more officers of the Company provided to be employed in making the same. Neither the Trustee nor any conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock of the Company, or of any securities or property, which may at any time be issued or delivered upon the conversion of any Securities and neither the Trustee nor any conversion agent makes any representation with respect thereto. Subject to the provisions of Section 601, neither the Trustee nor any conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any shares of its Common Stock or stock certificates or other securities or property upon the surrender of any Security for the purpose of conversion or to comply with any of the covenants of the Company contained in this Article Fourteen or in the applicable supplemental indenture, resolutions of the Board of Directors or written instrument executed by one or more duly authorized officers of the Company.
DUTIES OF TRUSTEE REGARDING CONVERSION. 80 SECTION 14.11 REPAYMENT OF CERTAIN FUNDS UPON CONVERSION ......................................81
DUTIES OF TRUSTEE REGARDING CONVERSION. Neither the Trustee nor any conversion agent shall at any time be under any duty or responsibility to any Holder of Securities that are convertible into Quantum Common Stock and Maxtor Common Stock to determine whether any facts exist which may require any adjustment of the Quantum Conversion Price or the Maxtor Conversion Price, as the case may be, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, whether herein or in any supplemental indenture, any resolutions of the Board of Directors of the Company or Maxtor, as the case may be, or written instrument executed by one or more officers of the Company provided to be employed in making the same. Neither the Trustee nor any conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Quantum Common Stock or Maxtor Common Stock, or of any securities or property, which may at any time be issued or delivered upon the conversion of any Securities and neither the Trustee nor any conversion agent makes any representation with respect thereto. Subject to the provisions of Section 601, neither the Trustee nor any conversion agent shall be responsible for any failure of either the Company or Maxtor to issue, transfer or deliver any shares of their respective Quantum Common Stock or Maxtor Common Stock or stock certificates or other securities or property upon the surrender of any Security for the purpose of conversion or to comply with any of the covenants of the Company and Maxtor contained in this Article Fourteen or in the applicable supplemental indenture, resolutions of the Board of Directors of the Company or Maxtor, as the case may be, or written instrument executed by one or more duly authorized officers of the Company or Maxtor, as the case may be.
DUTIES OF TRUSTEE REGARDING CONVERSION. 85 SECTION 14.11 REPAYMENT OF CERTAIN FUNDS UPON CONVERSION................................................................86
DUTIES OF TRUSTEE REGARDING CONVERSION. Neither the Trustee nor any conversion agent shall at any time be under any duty or responsibility to any Holder of Securities of any series that is convertible into Common Stock of the Company to determine whether any facts exist which may require any adjustment of the conversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, whether herein or in any supplemental indenture, any resolutions of the Board of Directors or written instrument executed by one or more officers of the Company provided to be employed in making the same. Neither the Trustee nor any conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock of the Company, or of any securities or property, which may at any time be issued or delivered upon the conversion of any Securities and neither the Trustee nor any conversion agent makes any representation with respect thereto. Subject to the provisions of Section
DUTIES OF TRUSTEE REGARDING CONVERSION. 69 SECTION 14.11. REPAYMENT OF CERTAIN FUNDS UPON CONVERSION. . . . . . . . . . . . . . . . . . . . . . . . . 70
DUTIES OF TRUSTEE REGARDING CONVERSION. 81 SECTION 14.11 REPAYMENT OF CERTAIN FUNDS UPON CONVERSION......................................................82 INDENTURE, dated as of January 18, 2001, between Xxxxxxx & Xxxx Financial, Inc., a corporation duly organized and existing under the State of Delaware (herein called the "Company"), having its principal executive office at 0000 Xxxxx Xxxxxx, Overland Park, Kansas 66202, and Chase Manhattan Trust Company, National Association, Chase Financial Tower, 000 X. Xxxxx Xxxx, Xxxxx 000, Xxxxxxxxx, Xxxx 00000, as Trustee (herein called the "Trustee").
DUTIES OF TRUSTEE REGARDING CONVERSION. The Trustee shall not, at any time, be under any duty or responsibility to any Holder of Debentures that is convertible into Common Stock to determine whether any facts exist which may require any adjustment of the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, whether herein or in any supplemental indenture (or whether a supplemental indenture need be entered into), any resolutions of the Board of Directors or written instrument executed by one or more officers of the Company provided to be employed in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock, or of any securities or property, which may at any time be issued or delivered upon the conversion of any Debentures and the Trustee makes no representation with respect thereto. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or property upon the surrender of any Debenture for the purpose of conversion or to comply with any of the covenants of the Company contained in this Article XV or in the applicable supplemental indenture, resolutions of the Board of Directors or written instrument executed by one or more duly authorized officers of the Company. All Debentures delivered for conversion shall be delivered to the Trustee to be canceled by or at the direction of the Trustee, which shall dispose of the same as provided in Section 2.9.
DUTIES OF TRUSTEE REGARDING CONVERSION. 73 SECTION 15.13 REPAYMENT OF CERTAIN FUNDS UPON CONVERSION ............................................74 SECTION 15.14 RESTRICTIONS ON COMMON STOCK ISSUABLE UPON CONVERSION .................................74
DUTIES OF TRUSTEE REGARDING CONVERSION. 76 SECTION 14.11 REPAYMENT OF CERTAIN FUNDS UPON CONVERSION ...................................... 77 INDENTURE, dated as of ___________, 200__, between Black Hills Corporation, a corporation duly organized and existing under the laws of the State of South Dakota (herein called the "Company"), having its principal executive office at 000 Xxxxx Xxxxxx, Xxxxx Xxxx, Xxxxx Xxxxxx 00000, and [___________________], as Trustee (herein called the "Trustee").
