Common use of Protection of Trustee Clause in Contracts

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 or in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) the Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) a. the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation representations contained in Section section 9.9 or and in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) b. nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) c. the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) d. the Trustee shall not incur have any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. By way of supplement Except as provided in section 9.2, the Trustee: a. shall not at any time be under any duty or responsibility to any Warrantholder to determine whether any facts exist which may require any adjustment contemplated by section 4.1 or with respect to the provisions nature or extent of any law for such adjustment when made, or with respect to the time being relating to trustees it is expressly declared and agreed as follows:method employed in making the same; (a) the Trustee b. shall not be liable for accountable with respect to the validity or by reason value (or the kind or amount) of any statements Common Shares or of fact any shares or recitals in this Indenture other securities or in property which may at any time be issued or delivered upon the Warrant Certificates (except the representation contained in Section 9.9 or in the certificate exercise of the Trustee on the Warrant Certificates) or be required rights attaching to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporationany Purchase Warrant; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) the Trustee c. shall not be bound to give notice to responsible for any person or persons failure of the execution hereof; andCorporation to issue, transfer or deliver Common Shares or certificates for the same upon the surrender of any Purchase Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article; (d) the Trustee d. shall not incur any liability or responsibility whatever whatsoever or be in any way responsible for the consequence consequences of any breach on the part of the Corporation to of any of the representations, warranties or covenants herein contained or of any acts of any the directors, officers, employees, agents or servants of the Corporation; and e. shall be entitled to act and rely on any adjustment calculation of the Corporation or the Corporation's auditors.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees trustees, it is expressly declared and agreed as follows: (a1) the The Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates Debentures (except the representation contained in Section 9.9 or in Subsection 13.09 and the certificate of the Trustee on contained in the Warrant CertificatesDebentures) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation;Company. (b2) nothing Nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;. (c3) the The Trustee shall not be bound to give notice to any person or persons of the execution hereof; and. (d4) the The Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to Company of any of the covenants herein contained or of any acts of any directors, officers, employees, the agents or servants of the CorporationCompany. (5) The Trustee, in its personal or any other capacity, may buy, lend upon and deal in shares in the capital of the Company and in the Debentures and generally may contract and enter into financial transactions with the Company or any Affiliate without being liable to account for any profit made thereby.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating related to trustees trustees, it is expressly declared and agreed as follows: (a) the The Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates Special Warrants (except the representation contained in Section 9.9 9.10 or in the certificate of the Trustee on the Warrant CertificatesSpecial Warrants) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation;. (b) nothing Nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;. (c) the The Trustee shall not be bound to give notice to any person or persons of the execution hereof; and. (d) the The Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, the agents or servants of the Corporation.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) the The Trustee or Trustees shall not incur any liability or responsibility whatsoever or in any way be liable responsible for or by reason the consequence of any statements breach on the part of fact or recitals the Issuers of any of the covenants contained in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 any Notes or in the certificate of any acts of the Trustee on agents or employees of the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation;Issuers. (b) nothing herein contained Neither the Trustee or Trustees nor any affiliate of the Trustee or Trustees shall be appointed a receiver or receiver and manager or liquidator of all or any part of the assets or undertaking of the Issuers. (c) Nothing in this Indenture shall impose any obligation on the Trustee or Trustees any obligation to see to to, or to require evidence of of, the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) the Trustee shall not be bound to give notice to this Indenture in any person or persons of the execution hereof; andjurisdiction. (d) The Trustee or Trustees shall incur no liability with respect to the Trustee shall not incur any liability delivery or responsibility whatever or be in any way responsible for the consequence non-delivery of any breach on the part of the Corporation to certificate or certificates whether delivered by hand, mail or any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporationother means.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees Trustees it is expressly declared and agreed as follows: (a) the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 9.09 or in the certificate signature of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) the Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. By way of supplement to (1) Except as provided in section , the provisions of any law for the time being relating to trustees it is expressly declared and agreed as followsTrustee: (a) the Trustee shall not at any time be liable for under any duty or responsibility to any Warrantholder to determine whether any facts exist which may require any adjustment contemplated by reason Article 5, or with respect to the nature or extent of any statements of fact such adjustment when made, or recitals with respect to the method employed in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 or in the certificate of the Trustee on the Warrant Certificates) or be required to verify making the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose not be accountable with respect to the validity or value (or the kind or amount) of any obligation on Common Shares or any shares or other securities or property which may at any time be issued or delivered upon the Trustee to see to or to require evidence exercise of the registration or filing (or renewal thereof) of this Indenture or rights attaching to any instrument ancillary or supplemental heretoWarrant; (c) the Trustee shall not be bound to give notice to responsible for any person or persons failure of the execution hereof; andCompany to issue, transfer or deliver Common Shares or certificates for the same upon the surrender of any Warrants for the purpose of the exercise of such rights or to comply with any of the covenants contained in this Article 5; (d) the Trustee shall not incur any liability or responsibility whatever whatsoever or be in any way responsible for the consequence consequences of any breach on the part of the Corporation to Company of any of the representations, warranties or covenants herein contained or of any acts of any the directors, officers, employees, agents or servants of the CorporationCompany; and (e) shall be entitled to act and rely on any adjustment calculations by the Company or the Company's Auditors.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees trustees, it is expressly declared and agreed as follows: (a) the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 9.10 or in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental supplementary hereto; (c) the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) the Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees trustees, it is expressly declared and agreed as follows: (a) 10.13.1 the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates Debentures (except the representation contained in Section 9.9 or 10.2 and - 43 - in the certificate of the Trustee on the Warrant CertificatesDebentures) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) 10.13.2 nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) 10.13.3 the Trustee shall not be bound to give notice to any person or persons Person of the execution hereof; : and (d) 10.13.4 the Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, the agents or servants of the Corporation.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) a. the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation representations contained in Section sections 9.9 or and in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) b. nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) c. the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) d. the Trustee shall not incur have any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation contained in Section 9.9 10.9 or in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto;; and (c) the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and. (d) the Trustee shall be protected in acting upon any written notice, request, waiver, consent, certificate, receipt, statutory declaration or other paper or document furnished to it hereunder, not incur any liability or responsibility whatever or be in any way responsible for only as to its due execution and the consequence validity and the effectiveness of its provisions but also as to the truth and acceptability of any breach on the part of the Corporation information therein contained which it in good faith believes to any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporationbe genuine and what it purports to be.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees it is expressly declared and agreed as follows: (a) the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture Agreement or in the Warrant Subscription Receipt Certificates (except the representation contained in Section 9.9 10.9 or in the certificate of the Trustee on the Warrant Subscription Receipt Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture Agreement or any instrument ancillary or supplemental hereto; (c) the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) the Trustee shall be protected in acting upon any written notice, request, waiver, consent, certificate, receipt, statutory declaration or other paper or document furnished to it hereunder, not incur any liability or responsibility whatever or be in any way responsible for only as to its due execution and the consequence validity and the effectiveness of its provisions but also as to the truth and acceptability of any breach on the part of the Corporation information therein contained which it in good faith believes to any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporationbe genuine and what it purports to be.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees trustees, it is expressly declared and agreed as follows: (a) : the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates Notes (except the representation representations contained in Section 9.9 or sections 10.10 and 10.11 and in the certificate of the Trustee on the Warrant CertificatesNotes) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) Corporation or the Guarantor; nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) ; the Trustee shall not be bound to give notice to any person or persons Person notice of the execution hereof; and (d) and the Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to or the Guarantor of any of the covenants herein contained or of any acts of any directors, officers, employees, the agents or servants of the CorporationCorporation or the Guarantor.

Protection of Trustee. By way of supplement to the provisions of any law for the time being relating to trustees trustees, it is expressly declared and agreed as follows: (a) a. the Trustee shall not be liable for or by reason of any statements of fact or recitals in this Indenture or in the Warrant Certificates (except the representation representations contained in Section section 9.9 or and in the certificate of the Trustee on the Warrant Certificates) or be required to verify the same, but all such statements or recitals are and shall be deemed to be made by the Corporation; (b) b. nothing herein contained shall impose any obligation on the Trustee to see to or to require evidence of the registration or filing (or renewal thereof) of this Indenture or any instrument ancillary or supplemental hereto; (c) c. the Trustee shall not be bound to give notice to any person or persons of the execution hereof; and (d) d. the Trustee shall not incur have any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation to of any of the covenants herein contained or of any acts of any directors, officers, employees, agents or servants of the Corporation.