Trustee and Collateral Agent. The Trustee and Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture. The recitals and statements herein are deemed to be those of the Issuer, Level 3 Parent, the Existing Guarantors and the New Guarantors, and not of the Trustee or the Collateral Agent. The rights, privileges, indemnities and protections afforded the Trustee and the Collateral Agent under the Indenture shall apply to the execution hereof and the transactions contemplated hereunder. [Remainder of this page intentionally left blank]
Trustee and Collateral Agent. The Trustee and Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture. The recitals and statements herein are deemed to be those of the Issuer, the Existing Guarantors and the New Guarantor, and not of the Trustee or the Collateral Agent. [Remainder of this page intentionally left blank]
Trustee and Collateral Agent. Section 7.01 Duties of Trustee and Collateral Agent. Section 7.02 Rights of Trustee and Collateral Agent. Section 7.03
Trustee and Collateral Agent. (a) Notwithstanding anything herein to the contrary, it is hereby expressly agreed and acknowledged that the subordination and other agreements and obligations of the Trustee and Collateral Agent herein are made solely in its capacity as Trustee and Collateral Agent, respectively (and not in its individual capacity). Neither the Trustee nor the Collateral Agent shall have any duties, obligations or responsibilities to the Agent or any other Person under this Agreement except as expressly set forth herein. Nothing in this Agreement shall be construed to operate as a waiver by the Trustee or the Collateral Agent of the benefit of any exculpatory provisions, presumptions, indemnities, protections, benefits, immunities or reliance rights contained in the Indenture, all of which are incorporated herein by reference mutatis mutandis.
(b) Each of the Trustee and the Collateral Agent may conclusively rely upon any document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee and the Collateral Agent need not investigate any fact or matter stated in any such document.
(c) In no event shall the Trustee or the Collateral Agent be liable for any special, punitive, indirect or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profit) even if the Trustee or the Collateral Agent, respectively, had been advised of the likelihood of such loss or damage and regardless of the form of action.
(d) Each of the Trustee and the Collateral Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation: acts of Got, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, epidemics, riots, terrorist acts, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service, accidents, labor disputes, and acts of civil or military authority or governmental actions.
Trustee and Collateral Agent. The Trustee and the Additional Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture.
Trustee and Collateral Agent. The Trustee and the Collateral Agent shall at all times be one and the same Person.
Trustee and Collateral Agent. SECTION 7.1. Duties of Trustee and Collateral Agent 129 SECTION 7.2. Rights of Trustee and Collateral Agent 130 SECTION 7.3. Individual Rights of Trustee 132 SECTION 7.4. Disclaimer 132 SECTION 7.5. Notice of Defaults 132 SECTION 7.6. Compensation and Indemnity 132 SECTION 7.7. Replacement of Trustee or Collateral Agent 133 SECTION 7.8. Successor by Merger 134 SECTION 7.9. Eligibility; Disqualification 134 SECTION 7.10. Limitation on Duty 135 SECTION 7.11. Preferential Collection of Claims Against the Issuer 135 SECTION 7.12. Reports by Trustee to Holders of the Notes 135 SECTION 7.13. Escrow Authorization 135
Trustee and Collateral Agent. SECTION 7.01 Duties of Trustee and Collateral Agent 85 SECTION 7.02 Rights of Trustee and Collateral Agent 86 SECTION 7.03 Individual Rights of Trustee and Collateral Agent 89 SECTION 7.04 Trustee’s and Collateral Agent’s Disclaimer 89 SECTION 7.05 Notice of Defaults 89 SECTION 7.06 Reports by Trustee to Holders of the Notes 90 SECTION 7.07 Compensation and Indemnity 90 SECTION 7.08 Replacement of Trustee or Collateral Agent 91 SECTION 7.09 Successor Trustee or Successor Collateral Agent by Merger, etc. 92 SECTION 7.10 Eligibility; Disqualification 92 SECTION 7.11 Preferential Collection of Claims Against Issuer 92
SECTION 8.01 Option To Effect Legal Defeasance or Covenant Defeasance 92 SECTION 8.02 Legal Defeasance and Discharge 92 SECTION 8.03 Covenant Defeasance 93 SECTION 8.04 Conditions to Legal or Covenant Defeasance 93
Trustee and Collateral Agent. Section 7.01 Duties of Trustee and Collateral Agent 94 Section 7.02 Rights of Trustee and Collateral Agent 95 Section 7.03 Individual Rights of Trustee and Collateral Agent 98 Section 7.04 Disclaimer of Trustee and Collateral Agent 98 Section 7.05 Notice of Defaults 99 Section 7.06 [Reserved] 99 Section 7.07 Compensation and Indemnity 99 Section 7.08 Replacement of Trustee or Collateral Agent 101 Section 7.09 Successor Trustee or Successor Collateral Agent by Xxxxxx, etc. 102 Section 7.10 Trustee Eligibility; Disqualification 102 Section 7.11 Preferential Collection of Claims Against the Issuer 102 Section 7.12 Appointment of Co-Trustees and Separate Trustee 102 Section 7.13 Appointment of Collateral Agent and Supplemental Collateral Agents 103 Section 7.14 Duties of Collateral Agent 104
Trustee and Collateral Agent. The recitals contained herein are made by the Issuer and the Guarantors, and not by the Trustee or the Collateral Agent, and the Trustee and the Collateral Agent assume no responsibility for the correctness thereof. The Trustee and the Collateral Agent make no representation as to the validity or sufficiency of this First Supplemental Indenture. All rights, protections, privileges, indemnities and benefits granted or afforded to the Trustee and the Collateral Agent under the Indenture shall be deemed incorporated herein by this reference and shall be deemed applicable to all actions taken, suffered or omitted by the Trustee and the Collateral Agent under this First Supplemental Indenture. |
