Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 5.08 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee will not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of the Notes. The Trustee will not be responsible for the Company’s failure to comply with this Article 5. Each Conversion Agent (other than the Company or an Affiliate of the Company) will have the same protection under this Article 5 as the Trustee.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XV 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 Debt Securities. The Trustee shall not be responsible for the Company’s failure to comply with this Article XV. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 15.12 as the Trustee.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article V should be made, how it should be made or what it should be or to otherwise calculate the Conversion Price, and shall be protected in relying upon an Officers’ Certificate with request to same. The Trustee has no duty to determine whether a supplemental indenture under Section 5.03 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Notes. The Trustee shall not be responsible for the Company’s failure to make any cash payment or to issue, transfer or deliver any shares of Common Stock or share certificates or other securities or property upon the surrender of any Security for the purpose of conversion or otherwise comply with this Article V. Each Conversion Agent (other than the Company or an affiliate of the Company) shall have the same protection under this Section 5.06 as the Trustee.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XIII should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and 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 the Company's failure to comply with this Article XIII.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 should be made, how it should be made or what it should be. The Trustee will not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Notes. The Trustee will not be responsible for the Company’s failure to comply with this Article 5. Each Conversion Agent (other than the Company or an affiliate of the Company) will have the same protection under this Article 5 as the Trustee.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment of the conversion should be made, how it should be made or what it should be. The Trustee shall not be accountable for and makes no representation as to the validity of value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article Fifteen. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 1513 as the Trustee. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Trustee Adjustment Disclaimer. The Trustee and any other Conversion Agent shall not at any time be under any duty or responsibility to any holder of Notes to determine the conversion ratio or whether any facts exist which may require any adjustment of the conversion ratio, or with respect to the nature or extent or calculation 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. The Trustee and any other Conversion Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares, or of any Capital Stock, other securities or other assets or property, which may at any time be issued or delivered upon the conversion of any Notes; and the Trustee and any other Conversion Agent make no representations with respect thereto. Neither the Trustee nor any 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 cash upon the surrender of any Notes for the purpose of conversion or to comply with any of the duties, responsibilities or covenants of the Company contained in this Article IX. Without limiting the generality of the foregoing, neither the Trustee nor any conversion agent shall be under any responsibility to determine the correctness of any provisions contained in any supplemental indenture entered into pursuant to Section 9.07 relating either to the kind or amount of shares of Capital Stock or other securities or other assets or property (including cash) receivable by holders of Notes upon the conversion of their Notes after any event referred to in such Section 9.07 or to any adjustment to be made with respect thereto, but, subject to the provisions of Section 8.01, may accept as conclusive evidence of the correctness of any such 62 provisions, and shall be protected in relying upon, the Officers’ Certificate (which the Company shall be obligated to file with the Trustee prior to the execution of any such supplemental indenture) with respect thereto.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article Fourteen should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Convertible Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article Fourteen. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 1411 as the Trustee. [The remainder of this page intentionally left blank.] ------------------------- This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture.
Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XVI should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture needs be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Debt Securities. The Trustee shall not be responsible for the Company’s failure to comply with this Article XVI. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 16.12 as the Trustee. The Trustee shall have no duty to make any calculation hereunder nor to monitor or otherwise determine when or whether a conversion event has occurred.
Trustee Adjustment Disclaimer. The Trustee (and any other Conversion Agent) has no duty to determine when an adjustment under this Article VIII should be made, how it should be made or what it should be or to otherwise calculate the Conversion Price, and shall be protected in relying upon an Officers’ Certificate with request to same. The Trustee (and any other Conversion Agent) has no duty to determine whether a supplemental indenture under Section 8.03 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee (and any other Conversion
