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

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of 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 Securities or the Company or any other person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. Nothing in this Section 10.12 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 Senior Indebtedness or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 X or otherwise. Nothing in this Section 10.12 10.11 shall affect the obligation of any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representativeRepresentative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute ). With respect to the Holders holders of Securities Senior Indebtedness, the Trustee undertakes to perform or the Company observe only such of its covenants or any other person, cash, property obligations as are specifically set forth in this Article and no implied covenants or securities to which any obligations with respect holders of Senior Indebtedness shall be entitled by virtue of read into this Article 10 or otherwiseIndenture against the Trustee. Nothing in this Section 10.12 shall affect the obligation of any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representativeIndebtedness.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior IndebtednessIndebtedness of the Company, and shall not be liable to any such of those holders (other than for its willful misconduct, bad faith misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Subordinated Securities or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise. Nothing in this Section 10.12 shall affect the obligation of any other such person Person to hold such that payment for the benefit of, and to pay such that payment over to, the holders of Senior Indebtedness of the Company or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of 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 Subordinated Securities or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 11 or otherwise. Nothing in this Section 10.12 11.10 shall affect the obligation of any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Securities Debentures or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XI or otherwise. Nothing in this Section 10.12 11.12 shall affect the obligation of the Holders or the Company or any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Securities Debentures or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XII or otherwise. Nothing in this Section 10.12 12.12 shall affect the obligation of any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of 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 Securities or the Company or any other person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. Nothing in this Section 10.12 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 Senior Indebtedness or their representative.. Article XI

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or the Company or any other person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 Ten or otherwise. Nothing in this Section 10.12 10.11 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 Senior Indebtedness or their representative.

No Fiduciary Duty of Trustee to Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct, bad faith misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or the Company or any other personPerson, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 11 or otherwise. Nothing in this Section 10.12 11.12 shall affect the obligation of any other such person Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representative. The TIA is incorporated by reference into this Indenture as if the Notes were registered under the Securities Act.