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 it shall mistakenly pay over or distribute to Securityholders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 3 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Community Health Systems Inc), Indenture (Fah Co Inc)
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 it shall mistakenly pay over or distribute to Securityholders Holders or any Subsidiary Guarantor the Guarantor, or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII Twelve or otherwise.
Appears in 3 contracts
Samples: Indenture (Lin Television Corp), Indenture (WTNH Broadcasting Inc), Indenture (Lin Television Corp)
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 it shall mistakenly pay over or distribute to Securityholders holders of a Subsidiary Guarantee or any Subsidiary Guarantor or any other Person, money person moneys or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Navistar International Corp /De/New), Indenture (Navistar Financial Corp)
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 it shall mistakenly pay over or distribute to Securityholders holders of a Subsidiary Guarantee or any Subsidiary Guarantor or any other Person, money person moneys or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII XI or otherwise.
Appears in 2 contracts
Samples: Indenture (Navistar International Corp /De/New), First Supplement to Indenture (International Truck & Engine Corp)
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 and, subject to Section 12.9, shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co)
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 it shall mistakenly pay over or distribute to Securityholders Holders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Gibraltar Industries, Inc.)
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 and, subject to the first sentence of Section 13.09, shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders or any Subsidiary Guarantor the Guarantor, or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII Thirteen or otherwise.
Appears in 2 contracts
Samples: Indenture (MTS Inc), Indenture (MTS Inc)
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 it shall mistakenly 118 pay over or distribute to Securityholders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 1 contract
Samples: Indenture (Montgomery Open Mri LLC)
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 it shall mistakenly pay over or distribute to Securityholders or Holders of Guarantees, any Subsidiary Guarantor or any other Person, Person money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII Eighteen or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Williams Partners Finance Corp)
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 it shall mistakenly pay over or distribute to Securityholders Noteholders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise; provided that such amounts shall be paid over by such Noteholders as provided herein.
Appears in 1 contract
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 it shall mistakenly pay over or distribute to Securityholders or any Subsidiary Guarantor or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 1 contract
Samples: Indenture (Georgia Gulf Corp /De/)
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 it shall mistakenly pay over or distribute to Securityholders Holders or any Subsidiary Guarantor the Guarantor, or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII 7 or otherwise.
Appears in 1 contract
Samples: Indenture (Lin Television Corp)
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 it shall mistakenly pay over or distribute to Securityholders or Holders of Guarantees, any Subsidiary Guarantor or any other Person, Person money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII XIV or otherwise.
Appears in 1 contract
Samples: Indenture (ONEOK Partners LP)
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 it shall mistakenly pay over or distribute to Securityholders Holders or any Subsidiary Guarantor the Guarantor, or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 1 contract
Samples: Indenture (Homco Puerto Rico Inc)
