Common use of Responsibility of Trustee and Conversion Agent Clause in Contracts

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any securities or property which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any Common Shares or stock certificates or other securities or property or to make any cash payment upon the delivery of any Security for the purpose of conversion or to comply with any of the covenants contained in this Article.

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Securities Debentures to determine whether any facts exist which may require any adjustment of the Conversion Priceconversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any SecurityDebenture; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Shares Stock or stock certificates or other securities or property or to make any cash payment upon the delivery of any Security Debenture for the purpose of conversion or to comply with any of the covenants contained in this Article.

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Priceconversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any securities or property which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any Common Shares or stock certificates or other securities or property or to make any cash payment upon the delivery of any Security for the purpose of conversion or to comply with any of the covenants contained in this Article.. ARTICLE FIFTEEN

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Priceconversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Shares Stock or stock certificates or other securities or property or to make any cash payment upon the delivery of any Security for the purpose of conversion or to comply with any of the covenants contained in this Article.. ARTICLE FIFTEEN

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Shares Stock or stock certificates or other securities or property or to make any cash payment upon the delivery of any Security for the purpose of conversion or to comply with any of the covenants contained in this Article.

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions Conversion Agent shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Shares Stock or of any securities or property or cash which may at any time be issued or delivered upon the conversion of any Security; and neither the Trustee nor any such conversion agent Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any shares of Common Shares Stock or stock certificates or other securities or property or to make any cash payment upon the delivery surrender of any Security for the purpose of conversion or conversion, or, subject to Section 8.01, to comply with any of the covenants of the Company contained in this ArticleArticle Ten.

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions Conversion Agent shall at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist fact exists which may require any adjustment of the Conversion Priceconversion price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent Conversion Agent shall be accountable with respect to the registration, validity or value (or the kind or amount) of any shares of Common Shares Stock, or of any securities or property property, which may at any time be issued or delivered upon the conversion of any Security, or for monitoring the price of the Common Stock or effecting any calculations hereunder; and neither the Trustee nor any such conversion agent Conversion Agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent Conversion Agent shall be responsible for any failure of the Company to issue, issue or transfer or deliver any Common Shares Stock or stock certificates or other securities or property or to make any cash payment upon the delivery surrender of any Security for the purpose of conversion or to comply with any of the covenants of the Company contained in this Article.this

Responsibility of Trustee and Conversion Agent. Neither the Trustee nor any agent appointed to effect conversions shall at any time be under any duty or responsibility to any Holder of Capital Securities to determine whether any facts exist which may require any adjustment of the Conversion PriceRate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee nor any such conversion agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any securities or property which may at any time be issued or delivered upon the conversion of any SecurityCapital Securities; and neither the Trustee nor any such conversion agent makes any representation with respect thereto. Neither the Trustee nor any such conversion agent shall be responsible for any failure of the Company to issue, transfer or deliver any Common Shares or stock certificates or other securities or property or to make any cash payment upon the delivery of any Capital Security for the purpose of conversion or to comply with any of the covenants contained in this ArticleArticle IX.