Common use of Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness Clause in Contracts

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 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 holders if the Trustee shall in good faith mistakenly pays pay over or distributes distribute to Holders of Securities or to the any Subsidiary Guarantor or to any other person Person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article or otherwise. The With respect to the holders of Guarantor 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 Thirteen and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness shall be read into this the Indenture against the Trustee. ARTICLE FOURTEEN.

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 of any Note Guarantor and shall not be liable to any such Holders holders if the Trustee it shall in good faith mistakenly pays pay over or distributes distribute to Holders of Securities or to the Guarantor Company or to any other person cashPerson, property money or securities assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article 15 or otherwise. The With respect to the holders of Guarantor 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 Thirteen 15 and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness of any Note Guarantor shall be read into this Indenture against the Trustee. ARTICLE FOURTEEN.

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 holders if the Trustee shall be in good faith mistakenly pays pay over or distributes distribute to Holders of Securities or to the Guarantor Company or to any other person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by buy virtue of this Article ARTICLE XVI or otherwise. The With respect to the holders of Guarantor 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 Thirteen ARTICLE XVI 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 Guarantor Senior Indebtedness. With respect to the holders of Guarantor Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of such Guarantor Senior Indebtedness shall be read into the Indenture against the Trustee. 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 holders or creditors if the Trustee it shall in good faith mistakenly pays pay over or distributes distribute to Holders of Securities Convertible Debentures or to the New Devon Guarantor or to any other person Person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of 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 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 holders if the Trustee shall in good faith mistakenly pays pay over or distributes distribute to Holders of Securities or to the Guarantor Issuer or to any other person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article or otherwise. The With respect to the holders of Guarantor 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 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 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 holders if the Trustee shall in good faith mistakenly pays pay over or distributes distribute to Holders of Securities Subordinated Notes or to the Guarantor or to any other person Person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article V or otherwise. The With respect to the holders of Guarantor 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 Thirteen V and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness shall be read into this the Indenture against the Trustee. ARTICLE FOURTEEN.