Trustee Not Fiduciary for Holders of Senior Indebtedness of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Trustee Not Fiduciary for Holders of Senior Debt of a ----------------------------------------------------- Guarantor. The Trustee shall not be deemed to owe any fiduciary or other duty --------- to the holders of Senior Debt of a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the relevant Guarantor or any other Person, money or assets to which any holders of Senior Debt of such Guarantor shall be entitled by virtue of this Article XII or otherwise.
Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. With respect to the holders of Senior Debt of the Guarantor, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 14, and no implied covenants or obligations with respect to the holders of Senior Debt of the Guarantor shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Guarantor and the Trustee shall not be liable to any holder of Senior Debt of the Guarantor if it shall pay over or deliver to Holders of Securities, the Guarantor or any other person monies or assets to which any holder of Senior Debt of the Guarantor shall be entitled by virtue of this Article 14 or otherwise.
Trustee Not Fiduciary for Holders of Credit Facility Indebtedness or Guarantor Credit Facility Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Credit Facility Indebtedness and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Credit Facility Indebtedness shall be entitled by virtue of this Article 10 or otherwise, except if such payment is made as a result of the Trustee's willful misconduct or gross negligence.
Trustee Not Fiduciary for Holders of Senior Indebtedness The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 13.2. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Trustee Not Fiduciary for Holders. OF SENIOR INDEBTEDNESS OF A SUBSIDIARY GUARANTOR. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of a Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the relevant Subsidiary Guarantor or any other Person, money or assets to which any holders of Senior Indebtedness of such Subsidiary Guarantor shall be entitled by virtue of this Article 12 or otherwise.
Trustee Not Fiduciary for Holders of the Credit Facility -------------------------------------------------------- Guarantee. --------- The Trustee shall not be deemed to owe any fiduciary duty to the holders of the Credit Facility Guarantee and shall not be liable to any such holders if it shall mistakenly pay over or distribute to holders of Notes or the Issuer or any other Person money or assets to which any holders of such Credit Facility Guarantee shall be entitled by virtue of this Article 13 or otherwise.
Trustee Not Fiduciary for Holders of Guarantor Senior ----------------------------------------------------- Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the ------------ holders of Guarantor Senior Indebtedness and shall not be liable to any such Holders if the Trustee shall in good faith mistakenly pays over or distributes to Holders of Securities or to the Guarantor or to any other person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by this Article or otherwise. The Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article Thirteen and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness shall be read into this Indenture against the Trustee. ARTICLE FOURTEEN
Trustee Not Fiduciary for Holders. OF SENIOR -------------------------------------------
Trustee Not Fiduciary for Holders or Senior Indebtedness of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the Holders of any Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article Twelve or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness of the Company or of any facts that would prohibit any payment hereunder unless a Responsible Officer of the Trustee shall have received notice to that effect at the address of the Trustee, provided that the Trustee shall be deemed to have knowledge of the existence of any Senior Indebtedness to which it acts as Trustee. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article Twelve and no implied covenants or obligations with respect to holders of Senior Indebtedness of the Company shall be read into this Indenture against the Trustee. _______________________ This Indenture may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute but one instrument.
