Common use of Trustee Adjustment Disclaimer Clause in Contracts

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 5 Five 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 shall 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 shall not be responsible for making any calculations hereunder nor the Company’s failure to comply with this Article 5Five. Each Conversion Agent (other than the Company or an Affiliate of the Company) will shall have the same protection under this Article 5 Section 5.09 as the Trustee.

Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 Five should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture Supplemental Indenture under Section 5.08 5.03 need be entered into or whether any provisions of any supplemental indenture Supplemental Indenture are correct. The Trustee will shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of the NotesSecurities. The Trustee will shall not be responsible for the Company’s 's failure to comply with this Article 5Five. Each Conversion Agent (other than the Company or an Affiliate affiliate of the Company) will shall have the same protection under this Article 5 Section 5.06 as the Trustee.. ARTICLE SIX

Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 Five 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 shall 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 shall not be responsible for making any calculations hereunder nor the Company’s failure to comply with this Article 5Five. Each Conversion Agent (other than the Company or an Affiliate of the Company) will shall have the same protection under this Article 5 Section 5.09 as the Trustee.. ARTICLE SIX

Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 IV 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 shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon the conversion of the Notes. The Trustee will shall not be responsible for the Company’s 's failure to comply with this Article 5IV. Each Conversion Agent (other than the Company or an Affiliate of the Company) will shall have the same protection under this Article 5 Section 4.06 as the Trustee.

Trustee Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 5 V 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 shall 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 shall not be responsible for making any calculations hereunder nor the Company’s failure to comply with this Article 5. V. Each Conversion Agent (other than the Company or an Affiliate of the Company) will shall have the same protection under this Article 5 Section 5.09 as the Trustee.