Common use of No Fiduciary Duty Created to Holders of Senior Indebtedness Clause in Contracts

No Fiduciary Duty Created to Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Ten, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and, subject to the provisions of Article Five, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company or any other Person, monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Ten or otherwise.

Appears in 2 contracts

Samples: Aztar Corp, Aztar Corp

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No Fiduciary Duty Created to Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Ten10, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and, subject to the provisions of Article Five7, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company or any other Personperson, monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Ten 10 or otherwise.

Appears in 2 contracts

Samples: Indenture (Station Casinos Inc), Stater Bros Holdings Inc

No Fiduciary Duty Created to Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Ten10, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into - 63 - 71 this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and, subject to the provisions of Article Five7, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company or any other Personperson, monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Ten 10 or otherwise.

Appears in 1 contract

Samples: Stater Bros Holdings Inc

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No Fiduciary Duty Created to Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article TenArticle, and no implied obligations or covenants or obligations with respect to the holders of Senior Indebtedness shall will be read into this Indenture against the Trustee. The Trustee shall will not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and, subject to the provisions of Article Five, the Trustee Indebtedness and shall not be liable to any holder of Senior Indebtedness such holders if it shall mistakenly pay pays over or deliver delivers to HoldersHolders of Securities, the Company Company, or any other Person, monies money or assets to which any holder of Senior Indebtedness shall will be entitled by virtue of this Article Ten or otherwise.

Appears in 1 contract

Samples: Heritage Media Corp

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