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 the validity or sufficiency of this Indenture or 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. Neither the Trustee nor any of its agents will be accountable for the use or application by the Company of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this Indenture.

Appears in 6 contracts

Samples: Indenture (Unity Software Inc.), Indenture (Splunk Inc), Investment Agreement (Splunk Inc)

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No Responsibility for Recitals, Etc. The recitals contained herein and 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 the validity or sufficiency of this Indenture or 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. Neither , and it shall not be responsible for any statement or recital herein or any statement in the Trustee nor Notes or any of its agents will be accountable for other document in connection with the use or application by the Company sale of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with pursuant to this IndentureIndenture other than its certificate of authentication.

Appears in 5 contracts

Samples: Fourth Supplemental Indenture (Rockley Photonics Holdings LTD), Indenture (Rockley Photonics Holdings LTD), Third Supplemental Indenture (Rockley Photonics Holdings LTD)

No Responsibility for Recitals, Etc. The recitals contained herein in this Supplemental Indenture 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 the validity or sufficiency of this the Indenture or 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 the Indenture. Neither The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the Trustee nor Prospectus Supplement or in any of its agents will be accountable for other disclosure material prepared or distributed with respect to the use or application by the Company issuance of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 4 contracts

Samples: Second Supplemental Indenture (Molycorp, Inc.), Second Supplemental Indenture (Molycorp, Inc.), First Supplemental Indenture (Cobalt International Energy, Inc.)

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 the validity or sufficiency of this Indenture or of the Notes or of any Common Stock underlying the NotesStock. 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. Neither the The Trustee nor any of its agents will shall not be accountable for the use or application by the Company of the any Notes or the proceeds thereof, or for of any funds received Notes authenticated and disbursed delivered by the Trustee in accordance conformity with the provisions of this Indenture.

Appears in 2 contracts

Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)

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 the validity or sufficiency of this Indenture Indenture, the Common Stock or 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. Neither The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the Trustee nor any of its agents will be accountable for disclosure material prepared or distributed with respect to the use or application by the Company issuance of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 2 contracts

Samples: Indenture (Atlas Holdings, Inc.), Indenture (Impax Laboratories Inc)

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 CompanyIssuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, enforceability or sufficiency of this Indenture or 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 Issuer of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Issuer or upon the Issuer’s direction under any provision of this Indenture. Neither The Trustee shall have no responsibility or liability with respect to any information, statement or recital in any disclosure material prepared or distributed with respect to the Trustee nor any of its agents will be accountable for the use or application by the Company issuance of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 2 contracts

Samples: Subscription Agreement (M3-Brigade Acquisition III Corp.), Business Combination Agreement (M3-Brigade Acquisition III Corp.)

No Responsibility for Recitals, Etc. The recitals contained herein and 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 the validity validity, priority or sufficiency adequacy of this Indenture or 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 (including any Paid-in-Stock Interest) or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. Neither Further, the Trustee nor shall not be responsible for any statement of its agents will be accountable for the use Company in or application pursuant to this Indenture or in any other document other than the certificate of authentication executed by the Company of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureTrustee.

Appears in 2 contracts

Samples: Supplemental Indenture (Electra Battery Materials Corp), Supplemental Indenture (Electra Battery Materials Corp)

No Responsibility for Recitals, Etc. The recitals contained herein in this Indenture 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 the validity or sufficiency of this Indenture or 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. Neither Indenture and the Trustee nor shall not be responsible for any statement of its agents will be accountable for the use or application by the Company in this Indenture or in any document issued in connection with the sale of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 2 contracts

Samples: Purchase Agreement (Quotient LTD), Indenture (Quotient LTD)

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 the validity or sufficiency of this Indenture or of the Notes or of any the Common Stock underlying the NotesStock. 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. Neither Under no circumstances shall the Trustee nor any of be liable in its agents will be accountable individual capacity for the use or application obligations evidenced by the Company Notes. 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 or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 2 contracts

Samples: Indenture (Microchip Technology Inc), Indenture (Microchip Technology Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and 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 the validity validity, priority or sufficiency adequacy of this Indenture or 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. Neither Further, the Trustee nor shall not be responsible for any statement of its agents will be accountable for the use Company in or application pursuant to this Indenture or in any other document other than the certificate of authentication executed by the Company of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureTrustee.

Appears in 2 contracts

Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)

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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 the validity or sufficiency of this Indenture or Indenture, of the Notes or of any Common Stock underlying the NotesStock. 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. Neither The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the Trustee nor any of its agents will be accountable for Offering Memorandum or other disclosure material prepared or distributed with respect to the use or application by the Company issuance of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 1 contract

Samples: Indenture (Riot Platforms, Inc.)

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 the validity or sufficiency of this Indenture or 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. Neither The rights, protections and indemnities afforded to the Trustee nor any of its agents will be accountable for the use or application by the Company hereunder shall apply to each agent of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureTrustee acting hereunder.

Appears in 1 contract

Samples: Indenture (MKS Instruments Inc)

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 CompanyCompany and the Guarantors, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes Notes, the Note Guarantee or of any Common Stock underlying the NotesCollateral. 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 or any funds or property disbursed by the Trustee in conformity with the provisions of this Indenture. Neither the The Trustee nor any of its agents will shall not be accountable responsible for the use Offering Memorandum or application by any other document in connection with the Company sale of the Notes or the proceeds thereof, or for in any funds received and disbursed in accordance with this Indenturemanner.

Appears in 1 contract

Samples: Indenture (Oclaro, Inc.)

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 the validity or sufficiency of this Indenture or 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. Neither The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the Trustee nor any of its agents will be accountable for Private Placement Memorandum or other disclosure material prepared or distributed with respect to the use or application by the Company issuance of the Notes or the proceeds thereof, or for any funds received and disbursed in accordance with this IndentureNotes.

Appears in 1 contract

Samples: Indenture (Cyan Inc)

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 the validity or sufficiency of this Indenture or 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. Neither the Trustee nor any of its agents will be accountable for the use or application by the Company of the Notes or the proceeds thereof. The Trustee shall have no responsibility or liability with respect to any information, statement or for any funds received and disbursed recital in accordance the Offering Circular or other disclosure materials prepared or distributed in connection with this Indenturethe issuance of the Notes.

Appears in 1 contract

Samples: Indenture (Electronics for Imaging Inc)

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