Common use of Rights of Trustee as Holder of Senior Debt of the Guarantor; Preservation of Trustee’s Rights Clause in Contracts

Rights of Trustee as Holder of Senior Debt of the Guarantor; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XIV with respect to any Senior Debt of the Guarantor that may at any time be held by it, to the same extent as any other holder of Senior Debt of the Guarantor, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Debt of the Guarantor, the Trustee undertakes to perform only such of its obligations as are specifically set forth in this Article XIV, and no implied covenants or obligations with respect to the holders of such Senior Debt of the Guarantor shall be read into this Indenture against the Trustee. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.

Appears in 12 contracts

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

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