Common use of No Responsibility for Recitals, Etc Clause in Contracts

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for any money paid to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of the Notes. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger event, or any other event has occurred or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture Indenture, of the Notes or of any Common Stock underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be accountable for any money paid to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for the use or application by the Company of any money received by any Paying Agent other than the Trustee. The Trustee shall not be bound to ascertain Notes or inquire as to the performance, observanceproceeds thereof, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement funds received and disbursed in the Offering Memorandum or any other document in connection accordance with the sale of the Notesthis Indenture. The Trustee shall have no obligation responsibility or liability with respect to independently determine any information, statement or verify if any event has occurred recital in the Offering Memorandum or notify other disclosure material prepared or distributed with respect to the Holders of any event dependent upon the rating issuance of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger event, or any other event has occurred or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the NotesNotes or of the Guarantees. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for any money paid makes no representation as to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for any statement or recital herein or any statement in the use Offering Memorandum or application any other document in connection with the sale of any money received by any Paying Agent other than the TrusteeNotes. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of the Notes. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agencyGuarantor. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Make-Whole Fundamental Change, merger eventMerger Transaction, or any other event has occurred or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity validity, sufficiency or sufficiency enforceability of this Indenture or of the Notes or the Offering Memorandum or any other documents used in connection with the sale or distribution of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for Indenture or any money paid to the Company or upon the Company’s direction under any provision of this the Indenture. The Trustee shall have no responsibility or liability with respect to any information, and it shall not be responsible for statement or recital in the use Offering Memorandum or application other disclosure material prepared or distributed with respect to the issuance of any money received by any Paying Agent other than the TrusteeNotes. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, observance or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenantsCompany. The Trustee makes shall have no representation as obligation to and shall pursue any action that is not be responsible for any statement in the Offering Memorandum or any other document in connection accordance with the sale of the Notesapplicable law. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders Change of any event dependent upon the rating Control, Change of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger eventControl Repurchase Event, or any other event has occurred or if a Change of Control Offer is required to be made, or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity validity, sufficiency or sufficiency enforceability of this Indenture or of the Notes or the Offering Memorandum or any other documents used in connection with the sale or distribution of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for Indenture or any money paid to the Company or upon the Company’s direction under any provision of this the Indenture. The Trustee shall have no responsibility or liability with respect to any information, and it shall not be responsible for statement or recital in the use Offering Memorandum or application other disclosure material prepared or distributed with respect to the issuance of any money received by any Paying Agent other than the TrusteeNotes. . The Trustee shall not be bound to ascertain or inquire as to the performance, observance, observance or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenantsCompany. The Trustee makes shall have no representation as obligation to and shall pursue any action that is not be responsible for any statement in the Offering Memorandum or any other document in connection accordance with the sale of the Notesapplicable law. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders Change of any event dependent upon the rating Control, Change of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger eventControl Repurchase Event, or any other event has occurred or if a Change of Control Offer is required to be made, or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for Indenture or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors Company, but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement or recital herein or any statement in the Offering Memorandum or any other document in connection with the sale of the Notes. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger eventMerger Event, or any other event has occurred or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for any money paid makes no representation as to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for any statement or recital herein or any statement in the use Offering Memorandum or application any other document in connection with the sale of any money received by any Paying Agent other than the TrusteeNotes. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of the Notes. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agencyCompany. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Make-Whole Fundamental Change, merger eventMerger Transaction, or any other event has occurred or notify the Holders of any such event. The Trustee shall not be accountable for any money paid to the Issuer, or upon the Issuer’s direction, if made under and in accordance with any provision of this Indenture and the Trustee shall not be responsible for the use or application of any money received by any paying agent other than the Trustee.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity validity, or sufficiency or enforceability of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for Indenture or any money paid to the Company or upon the Company’s direction under any provision of this the Indenture. The Trustee shall have no responsibility or liability with respect to any information, and it shall not be responsible for statement, recital or other disclosure material prepared or distributed with respect to the use or application issuance of any money received by any Paying Agent other than the TrusteeNotes. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, observance or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of the NotesCompany. The Trustee shall have no obligation to independently determine or verify if pursue any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agencyaction that is not in accordance with applicable law. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger event, event or any other event has occurred or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity validity, sufficiency or sufficiency enforceability of this Indenture or of the Notes or any other documents used in connection with the sale or distribution of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be accountable for Indenture or any money paid to the Company or upon the Company’s direction under any provision of this the Indenture, and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, observance or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but the Trustee may require full information and advice as to the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of the NotesCompany. The Trustee shall have no obligation to independently determine or verify if pursue any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agencyaction that is not in accordance with applicable law. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger event, Change or any other event has occurred or if a Fundamental Change Repurchase Notice is required to be issued or notify the Holders of any such event.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the NotesNotes or of the Common Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be accountable for any money paid to the Company or upon the Company’s direction under any provision of this Indenture, and it shall not be responsible for the use or application by the Company of the Notes or the proceeds thereof, or for any money funds received by and disbursed in accordance with this Indenture. The Trustee shall have no responsibility or liability with respect to any Paying Agent information, statement or recital in the Offering Memorandum or other than disclosure material prepared or distributed with respect to the Trusteeissuance of the Notes. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Company or the Guarantors but Company. Under no circumstances shall the Trustee may require full information and advice as to be liable in its individual capacity for the performance of the aforementioned covenants. The Trustee makes no representation as to and shall not be responsible for any statement in the Offering Memorandum or any other document in connection with the sale of obligations evidenced by the Notes. The Trustee shall have no obligation to independently determine or verify if pursue any event has occurred or notify the Holders of any event dependent upon the rating of the Notes, or if the rating on the Notes has been changed, suspended or withdrawn by any rating agency. The Trustee shall have no obligation to independently determine or verify if any Fundamental Change, Make Whole Fundamental Change, merger event, or any other event has occurred or notify the Holders of any such eventaction that is not in accordance with applicable law.