Common use of Not Responsible for Recitals or Issuance of Securities Clause in Contracts

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 187 contracts

Samples: Junior Subordinated Indenture (Kingsway Financial Services Inc), Junior Subordinated Indenture (Coastal Bancorp Inc), Junior Subordinated Indenture (State National Bancshares, Inc.)

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Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 185 contracts

Samples: Indenture (Liquid Media Group Ltd.), Indenture (Liquid Media Group Ltd.), Indenture (M/I Homes of Grandview Yard, LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 162 contracts

Samples: Indenture (Petrobras Global Finance B.V.), Indenture (Fibria Overseas Finance Ltd.), Junior Subordinated Indenture (Paragon Commercial CORP)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 145 contracts

Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 134 contracts

Samples: Indenture (Allegheny Energy Supply Co LLC), Indenture (Stena Ab), Indenture (Union Texas Petroleum Holdings Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 94 contracts

Samples: Subordinated Indenture (Masco Corp /De/), Indenture (R H Donnelley Corp), Indenture (Banknorth Capital Trust Ii)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 84 contracts

Samples: Indenture (Newmont Usa LTD), Indenture (NMI Holdings, Inc.), Indenture (NMI Holdings, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 67 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Axos Financial, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 54 contracts

Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes does not assume any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 49 contracts

Samples: Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC), Indenture (Burleson Water Resources, LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 48 contracts

Samples: Indenture (Entergy Mississippi Inc), Indenture (Txu Electric Capital Viii), Indenture (Enserch Capital I)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 44 contracts

Samples: Indenture (Herc Holdings Inc), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 44 contracts

Samples: Indenture (Apple Inc.), Indenture (MGM Resorts International), Indenture (Cisco Systems, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Securities or of the Common Stock issuable upon the conversion of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 42 contracts

Samples: Indenture (Monmouth Real Estate Investment Corp), Indenture (Critical Path Inc), Indenture (Reliant Resources Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 40 contracts

Samples: Indenture (Tiptree Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 35 contracts

Samples: Indenture (Fleetwood Capital Trust Iii), Indenture (Walbro Capital Trust), Indenture (Walbro Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity validity, sufficiency or sufficiency priority of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 26 contracts

Samples: Indenture (Sigma Designs Inc), Indenture (Sigma Designs Inc), Indenture (Solectron Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCorporation, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 24 contracts

Samples: Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Cullen Frost Capital Trust I), Junior Subordinated Indenture (State Street Boston Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 21 contracts

Samples: Indenture (Blue Owl Capital Inc.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 21 contracts

Samples: Indenture (Public Service Co of Colorado), Indenture (NSP Financing Ii), Indenture (Oge Energy Capital Trust Ii)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein in this Indenture and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereoffrom such Securities.

Appears in 16 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Indenture (United Community Banks Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 16 contracts

Samples: Indenture (Community West Bancshares), Indenture (Community West Bancshares), Indenture (Financial Institutions Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity validity, sufficiency or sufficiency priority of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 15 contracts

Samples: Indenture (Omeros Corp), Indenture (Hewlett Packard Enterprise Co), Indenture (Hewlett Packard Enterprise Co)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 13 contracts

Samples: Subordinated Indenture (Gatx Financial Corp), Indenture (Gatx Corp), Indenture (Hilb Rogal & Hamilton Co /Va/)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the SecuritiesSecurities and the Guarantees, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 13 contracts

Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except Securities (ex- cept the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctnesscorrect- ness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 13 contracts

Samples: Indenture (Mp&l Capital I), Indenture (For Unsecured Debt Securities) (Interstate Energy Corp), Indenture (Montana Power Co /Mt/)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 13 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp), Indenture (International Business Machines Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 12 contracts

Samples: Indenture (Wal Mart Stores Inc), Indenture (National Commerce Bancorporation), Indenture (J P Morgan Chase & Co)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCorporation, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 12 contracts

Samples: Subordinated Indenture (Sce Trust I), Indenture (Commerce Group Inc /Ma), Subordinated Indenture (Edison International)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 12 contracts

Samples: Indenture (Group Maintenance America Corp), Indenture (United Rentals North America Inc), Indenture (United Rentals North America Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor and any Authenticating Agent assumes any assume no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor and any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Indenture (Res Care Inc /Ky/), Indenture (Kent Electronics Corp), Indenture (Fpa Medical Management Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Northstar Realty)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Senior Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or any offering or disclosure materials prepared in connection therewith. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I), Junior Subordinated Indenture (Republic New York Capital Iv)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) and in any coupons shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or coupons. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Senior Indenture (Watson Pharmaceuticals Inc), Indenture (United States Surgical Corp), Indenture (Usa Waste Services Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 11 contracts

Samples: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc / De)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 10 contracts

Samples: Indenture (Lakehead Pipeline Co Lp), Indenture (Amcv Capital Trust I), Indenture (El Paso Energy Capital Trust I)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCorporation, and neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 10 contracts

Samples: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 10 contracts

Samples: Indenture (TPG Nv), Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc)

Not Responsible for Recitals or Issuance of Securities. The Neither the Trustee nor any Authenticating Agent assume any responsibility for the correctness of the recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company or the Guarantor of the Securities or the proceeds thereof.

Appears in 9 contracts

Samples: Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyPartnership, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company Partnership of the Securities or the proceeds thereof.

Appears in 9 contracts

Samples: Subordinated Indenture (Inergy L P), Indenture (Kinder Morgan Bulk Terminals Inc), Indenture (Kinder Morgan Energy Partners L P)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall may be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall will not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 9 contracts

Samples: Indenture (TrueBlue, Inc.), Indenture (Dow Corning Corp), Indenture (MFN Financial Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 9 contracts

Samples: Convertible Subordinated Notes Agreement (America Online Inc), Indenture (Homebase Inc), Indenture (Genesco Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein in this Indenture and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Neither the Trustee nor the Authenticating Agent makes no representations any representation as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 8 contracts

Samples: Indenture (Goodyear Capital Trust I), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, and in any coupons shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or coupons. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 8 contracts

Samples: Annual Report, Indenture (United States Filter Corp), Subordinated Indenture (Valero Energy Corp/Tx)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany or, if applicable, the Guarantors, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 8 contracts

Samples: Indenture (Sun Communities Inc), Indenture (Sun Communities Operating Limited Partnership), Indenture (Just Energy Group Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany or, if applicable, the Guarantors, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 8 contracts

Samples: Indenture (DEP Operating Partnership, L.P.), Indenture (Rowan Companies Inc), Indenture (Constellation Energy Partners LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 8 contracts

Samples: Indenture Agreement (Washington Mutual Inc), Indenture (Apex Silver Mines LTD), Indenture (Polaroid Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor and any Authenticating Agent assumes any assume no responsibility for their correctness. The Trustee makes and any Authenticating Agent make no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor and any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Senior Indenture (American Express Co), Indenture (Expedia, Inc.), Indenture (Hotels.com GP, LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) and in any coupons shall be taken as the statements of the Company, Company and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or coupons. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Subordinated Indenture (Illinois Power Co), Subordinated Indenture (Illinois Power Co), Indenture (Dynegy Capital Trust Iii)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall may be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall will not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Indenture (TrueBlue, Inc.), Indenture (Macy's, Inc.), Subordinated Indenture (Extrusion Technology Corp of America)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Agreement or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Contingent Payment Rights Agreement (Fusion Systems Corp), Participation Rights Agreement (Schering Plough Corp), Contingent Payment Rights Agreement (Fusion Systems Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates ’s certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (UAG Chantilly AU, LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 7 contracts

Samples: Indenture (Washington Water Power Co), Indenture (Washington Water Power Co), Indenture (Washington Water Power Capital Iii)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates ’s certificate of authentication, and in any Coupons shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Coupons. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 6 contracts

Samples: Indenture (Partnerre LTD), Indenture (Partnerre LTD), Indenture (PartnerRe Finance B LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor and any Authenticating Agent assumes any assume no responsibility for their correctness. The Trustee makes and any Authenticating Agent make no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 6 contracts

Samples: Indenture (Kerr McGee Corp /De), Subordinated Indenture (Black Beauty Coal Co), Senior Indenture (Black Beauty Coal Co)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein herein, and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes does not assume any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Canadian National Railway Co), Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCorporation, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's ’s certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Securities or of the Common Stock issuable upon the conversion of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Epix Medical Inc), Indenture (Hewitt Associates Inc), Indenture (Mercury Computer Systems Inc)

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Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Bp PLC), Indenture (Bp PLC), Indenture (Bp PLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.or

Appears in 5 contracts

Samples: Indenture (Enron Capital Trust I), Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust I)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (BCB Bancorp Inc), Indenture (BCB Bancorp Inc), Indenture (First of Long Island Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCompany or, if applicable, the Guarantor, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/), Indenture (Weatherford International LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Securities or of the Common Stock issuable upon the conversion of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (Vantive Corp), Indenture (Cypress Semiconductor Corp /De/), Indenture (Orbital Sciences Corp /De/)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCorporation and the Guarantor, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I), Junior Subordinated Indenture (Banponce Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCompany or, if applicable, the Guarantors, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Comstock Resources Inc), Indenture (Medallion California Properties Co), Indenture (Comstock Resources Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates ’s certificate of authentication, shall be taken as the statements of the CompanyIssuers, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (CareTrust REIT, Inc.), Indenture (Renee Avenue Health Holdings LLC), Indenture (Sabra Health Care REIT, Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, Securities (except the Trustee's certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity validity, sufficiency or sufficiency priority of this Indenture Indenture, of the Securities or of the Common Stock issuable upon the conversion of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Medarex Inc), Indenture Agreement (Protein Design Labs Inc/De), Indenture (Connetics Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company Company, of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyObligors, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Issuer of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.), Indenture (Welltower OP Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Senior Subordinated Indenture (Century Communications Corp), Indenture (Centennial Puerto Rico Operations Corp), Subordinated Indenture (Century Communications Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein herein, and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Subordinated Indenture (Nationwide Financial Services Inc/), Indenture (Hartford Life Inc), Subordinated Indenture (Hartford Life Capital Iii)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, Company or the Guarantor and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company or the Guarantor of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Subordinated Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)

Not Responsible for Recitals or Issuance of Securities. The Neither the Trustee nor any Authenticating Agent assume any responsibility for the correctness of the recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company or the Guarantor of the such Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities (including any documents related to the offering and sale of the Securities). Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (TechnipFMC PLC), Indenture (National Oilwell Varco Inc), Indenture (FMC Technologies Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (News Corp), Warrant Indenture (Aig Capital Trust I), Warrant Indenture (American International Group Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securitiesany Security Certificate, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyIssuer or the Guarantor, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities of any series. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Issuer of the Securities of any series or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company or the Guarantor of the Securities or of the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Brandbev S.a r.l.), Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantors, as the case may be, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Note Indenture, the Guarantee or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Note Indenture (Cemex Sab De Cv), Note Indenture (Cemex Sab De Cv), Note Indenture (Cemex Sab De Cv)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, Corporation and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Corporation of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (South Carolina Electric & Gas Co)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates certificate of authentication, and in any Coupons shall be taken as the statements of the Company, Company and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Coupons. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Indenture (Partnerre LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Deluxe Corp), Indenture (Jostens Inc), Indenture (Deluxe Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyOperating Partnership, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Operating Partnership of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture Agreement (Vornado Realty Trust), Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyPartnership, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Partnership of the Securities or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Tc Pipelines Lp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, as the case may be, and neither the Trustee nor or any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture Agreement (Platinum Underwriters Holdings LTD)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities or of the Common Stock issuable upon the conversion of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Epicept Corp), Indenture (Epicept Corp), Indenture (Epicept Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Security Registrar, Paying Agent or Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (MGP Ingredients Inc), Indenture (Quest Cherokee Oilfield Service, LLC), Indenture (Quest Cherokee Oilfield Service, LLC)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity validity, sufficiency, enforceability or sufficiency priority of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC), Indenture (Reynolds Presto Products Inc.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyPartnership, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness. Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company Partnership of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantee. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Exelis Inc.), Indenture (Xylem Inc.), Indenture (ITT Corp)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Hanover Compressor Co /), Indenture (Pioneer Standard Electronics Inc), Indenture (Hanover Compressor Co /)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantor, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantees. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Syngenta Ag), Indenture (Syngenta Finance N.V.), Indenture (Monsanto Finance Canada Co.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates ’s certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor and any Authenticating Agent assumes any assume no responsibility for their correctness. The Trustee makes and any Authenticating Agent make no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Subordinated Indenture (Peabody Energy Corp), Subordinated Indenture (Cottonwood Land Co), Indenture (Peabody Energy Corp)

Not Responsible for Recitals or Issuance of Securities. The Neither the Trustee nor any Authenticating Agent assume any responsibility for the correctness of the recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the such Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the SecuritiesSecurities or the Guarantee. Neither the The Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC), Indenture (American International Group Inc)

Not Responsible for Recitals or Issuance of Securities. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or any Authenticating Agent assumes no responsibility for their correctness Neither the Trustee nor any Authenticating Agent assumes makes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the The Trustee nor or any Authenticating Agent shall not be accountable for the use or application by the Company of the Securities or the proceeds thereof. SECTION 605.

Appears in 3 contracts

Samples: Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co), Indenture (Tennessee Gas Pipeline Co)

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