Common use of Trustee Disclaimer Clause in Contracts

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 6 contracts

Samples: Amfm Inc, Activant Solutions Inc /De/, Amfm Inc

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Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Third Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Third Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 4 contracts

Samples: Indenture (Amfm Inc), Amfm Inc, Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 4 contracts

Samples: First Supplemental Indenture (Activant Solutions Inc /De/), First Supplemental Indenture (Activant Solutions Inc /De/), Indenture (Amfm Inc)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fifth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fifth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 3 contracts

Samples: Amfm Inc, Amfm Inc, Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Third Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second Third Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 3 contracts

Samples: Activant Solutions Inc /De/, Activant Solutions Inc /De/, United Stationers Supply Co

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fourth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fourth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 2 contracts

Samples: Amfm Inc, Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Company, the New Guaranteeing Subsidiary and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or of provisions hereof, (ii) the proper authorization hereof by the Company and Company, the New Guaranteeing Subsidiary Guarantors and each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and Company, the New Guaranteeing Subsidiary Guarantors or and each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Issuer, the Existing Guarantors and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company Issuer, the Existing Guarantors and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company Issuer, the Existing Guarantors and the New Subsidiary Guarantors or Guarantor and/or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Third Supplemental Indenture (WestRock Co)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: First Supplemental Indenture (United Stationers Supply Co)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Seventh Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Seventh Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Third Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Company, PowerCo and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Third Supplemental Indenture or any of the terms or of provisions hereof, (ii) the proper authorization hereof by the Company Company, PowerCo and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company Company, PowerCo and the New Subsidiary Guarantors or each Guarantor (iv) the consequences (direct or of indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fourth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements statement contained herein, all of which recitals or statements are made solely by the Company Successor Company, the New Guaranteeing Subsidiaries and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fourth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Successor Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Successor Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Norske Skog Canada LTD)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Company, the Current Subsidiary Guarantors and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company Company, the Current Subsidiary Guarantors and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company Company, the Current Subsidiary Guarantors and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Indenture (Amfm Inc)

Trustee Disclaimer. The Trustee accepts the amendment of the ------------------------------- Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Indenture (Concentra Operating Corp)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsSubsidiaries, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Subsidiaries by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Subsidiaries or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Indenture (United Stationers Supply Co)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fifth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements statement contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fifth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof hereto by the Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof hereto by the Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Allur-Detroit and the New Subsidiary GuarantorsAllur Licenses, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company Allur-Detroit and the New Subsidiary Guarantors Allur Licenses by corporate action or otherwise, (iii) the due execution hereof by the Company Allur-Detroit and the New Subsidiary Guarantors or Allur Licenses, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein hereby provided for, and the Trustee makes no representation with respect to any such matters.. SIGNATURES

Appears in 1 contract

Samples: Radio One Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture and the Securities effected by this Second Restated First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without . Without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsVERITAS, or for or with respect to (i) the validity validity, efficacy or sufficiency of this Second Restated First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors VERITAS by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors VERITAS or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: First Supplemental Indenture (Veritas Software Corp /De/)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Seventh Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements statement contained herein, all of which recitals or statements are made solely by the Company Company, the Assuming Guarantor and the New Subsidiary Existing Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Seventh Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second First Supplemental Indenture and agrees to execute the trust created by the Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Xxxx and the New Subsidiary GuarantorsXXX, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company Xxxx and the New Subsidiary Guarantors ROD by corporate action or otherwise, (iii) the due execution hereof by the Company Xxxx and the New Subsidiary Guarantors or XXX, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein hereby provided for, and the Trustee makes no representation with respect to any such matters.. SIGNATURES

Appears in 1 contract

Samples: Radio One Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fifth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements statement contained herein, all of which recitals or statements are made solely by the Company Company, the New Guarantor and the New Subsidiary Existing Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fifth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second his First Supplemental Indenture and agrees to execute the trust created by the Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGlasstech, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Glasstech by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or Glasstech, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.. SIGNATURES

Appears in 1 contract

Samples: Indenture (Glasstech Inc)

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Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected effective by this Second his First Supplemental Indenture and agrees to execute the trust created by the Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit limited its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Successor Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Successor Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Successor Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amendedamended and, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company Penhall, Penhall Corp. and the New Subsidiary GuarantorsPenhall Co., or for or with respect to (i) the validity or sufficiency of the terms of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company Penhall, Penhall Corp. and the New Subsidiary Guarantors Penhall Co. by corporate action or otherwise, (iii) the due execution hereof by the Company Penhall, Penhall Corp. and the New Subsidiary Guarantors Penhall Co. or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.. SIGNATURES

Appears in 1 contract

Samples: Indenture (Penhall Co)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Third Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Third Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.Subsidiary

Appears in 1 contract

Samples: Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second his First Supplemental Indenture and agrees to execute the trust created by the Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsATC, or for or with respect to (i) the validity or sufficiency of this Second First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company ATC and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company ATC and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.. SIGNATURES

Appears in 1 contract

Samples: Indenture (Atc Group Services Inc /De/)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company CMCLA and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company CMCLA and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company CMCLA and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Chancellor Media Corp of Los Angeles

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture and the First Supplemental Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture and First Supplemental Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsIssuer, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Issuer by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Issuer or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Supplemental Indenture (Lexmark International Inc /Ky/)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fourth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company company and the New new Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Fourth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company company and the New new Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Amfm Inc)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: United Stationers Supply Co

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Sixth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Sixth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Amfm Inc

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Sixth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements statement contained herein, all of which recitals or statements are made solely by the Company Company, the New Guarantor and the New Subsidiary Existing Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Sixth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors each Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or each Guarantor, (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Norske Skog Canada LTD

Trustee Disclaimer. The Trustee accepts the amendment of Amendments and Waivers to and under the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity validity, efficacy or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and or the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and or the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Indenture (Horseshoe Gaming Holding Corp)

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals (other than the second recital) or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsCompany, Advanced, Holding Company, Changes, Bronxxx xxx Health Factors or for or with respect to (i) the validity validity, efficacy or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Company, Advanced, Holding Company, Changes, Bronxxx xxx Health Factors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Company, Advanced, Holding Company, Changes, Bronxxx xxx Health Factors, or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Twinlab Corp

Trustee Disclaimer. The Trustee accepts the amendment of the Indenture effected by this Second Fourth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary GuarantorsGuarantor, or for or with respect to (i) the validity or sufficiency of this Second Fourth Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors Guarantor by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors Guarantor or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (United Stationers Supply Co)

Trustee Disclaimer. The Trustee accepts the amendment of the ------------------------------- Indenture effected by this Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but on the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company and the New Subsidiary Guarantors, or for or with respect to (i) the validity or sufficiency of this Second Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company and the New Subsidiary Guarantors by corporate action or otherwise, (iii) the due execution hereof by the Company and the New Subsidiary Guarantors or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters.

Appears in 1 contract

Samples: Indenture (Concentra Operating Corp)

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