Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, acting hereunder.
Appears in 3 contracts
Samples: Supplemental Indenture (DRS Technologies Inc), Indenture (CTS Corp), Comtech Telecommunications Corp /De/
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 12 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesCODES. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle 12. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 2 contracts
Samples: Indenture (Apogent Technologies Inc), Apogent Technologies Inc
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 10 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle 10. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 10.12 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 2 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE Article XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE Article XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, acting hereunder.
Appears in 2 contracts
Samples: Immunomedics Inc, Indenture (Concord Communications Inc)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 12 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesDebentures. The Trustee shall not be responsible for any failure of the Company or Fxxxxx to comply with this ARTICLE XIIArticle 12. Each Conversion Agent other than the Company or Fxxxxx shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 2 contracts
Samples: Indenture (Apogent Technologies Inc), Apogent Technologies Inc
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE Article XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE Article XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 2 contracts
Samples: Pharmaceutical Resources Inc, Scottish Annuity & Life Holdings LTD
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent Agent, Registrar or Conversion Agent, other than the Company, acting hereunder.
Appears in 1 contract
Samples: Willbros Group Inc
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 12.12 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent Agent, Registrar or Conversion Agent, other than the Company, acting hereunder.
Appears in 1 contract
Samples: Indenture (Willbros Group Inc)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 10 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesDebentures. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle 10. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 10.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Samples: Indenture (Gtech Holdings Corp)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 10 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle 10. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 10.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Samples: Indenture (Amerus Group Co/Ia)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, acting hereunder.
Appears in 1 contract
Samples: Cray Inc
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 12 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesDebentures. The Trustee shall not be responsible for any failure of the Company or Xxxxxx to comply with this ARTICLE XIIArticle 12. Each Conversion Agent other than the Company or Xxxxxx shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Samples: Indenture (Apogent Technologies Inc)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article 9 should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle 9. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 9.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Samples: Artesyn Technologies Inc
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article X should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Article X. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 10.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Samples: Indenture (Odyssey Re Holdings Corp)
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII Article Seventeen should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesDebentures. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XIIArticle Seventeen. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 1711 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture the Indenture, including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, Agent acting hereunder.
Appears in 1 contract
Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this ARTICLE XII should be made, how it should be made or what it should be. The Trustee makes no representation as to the validity or value of any securities (except as set forth in Section 12.1) or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for any failure of the Company to comply with this ARTICLE XII. Each Conversion Agent other than the Company shall have the same protection under this Section 12.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, other than the Company, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent, other than the Company, acting hereunder.
Appears in 1 contract