No Fiduciary Duty of Trustee to Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith or negligence) if it shall in good faith mistakenly pay over or distribute to the holders of the Guarantee endorsed on the Securities or the Guarantor or any other person, cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise. Nothing in this Section 12.12 shall affect the obligation of any other such person to hold such payment for the benefit of, and to pay such payment over to, the holders of Guarantor Senior Indebtedness or their representative.
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Samples: Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (Credit Suisse Group), Subordinated Indenture (Credit Suisse Group)
No Fiduciary Duty of Trustee to Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith or negligence) if it shall in good faith mistakenly pay over or distribute to the holders of the Subordinated Guarantee endorsed on the Convertible Securities or the Guarantor or any other person, cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article 12 or any applicable indenture supplemental hereto or otherwise. Nothing in this Section 12.12 12.10 shall affect the obligation of any other such person to hold such payment for the benefit of, and to pay such payment over to, the holders of Guarantor Senior Indebtedness or their representative.
Appears in 2 contracts
Samples: Indenture (Credit Suisse Group (Guernsey) III LTD), Indenture (Credit Suisse Group (Guernsey) III LTD)
No Fiduciary Duty of Trustee to Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute deliver to the holders of the Guarantee endorsed on the Securities Obligations or the Guarantor Company or any other person, cash, property money or securities assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article 12 Twelve or otherwise. Nothing in this Section 12.12 shall affect the obligation of any person other such person than the Trustee to hold such payment for the benefit of, and to pay such payment over to, the holders of Guarantor Senior Indebtedness or their representativeRepresentative.
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No Fiduciary Duty of Trustee to Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute deliver to the holders of the Guarantee endorsed on the Securities Obligations or the Guarantor Company or any other person, cash, property money or securities assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article 12 Twelve or otherwise. Nothing in this Section 12.12 shall affect the obligation of any person other such person than the Trustee to hold such payment for the benefit of, and to pay such payment over to, the holders of Guarantor Senior Indebtedness or their representative.Representative. ARTICLE THIRTEEN
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