Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 54 contracts
Samples: Subordinated Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Chord Energy Corp)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 15 contracts
Samples: Subordinated Indenture (Epsilon Energy Ltd.), Subordinated Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee Trustee, in its capacity as trustee under this Indenture, shall not owe or be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article XII or otherwise.
Appears in 8 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 6 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Transdigm Inc), Indenture (TransDigm Group INC)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (PHX Minerals Inc.), Subordinated Indenture (Quanta Services Inc)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Debt of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: First Supplemental Indenture (Central Garden & Pet Co), First Supplemental Indenture (Jarden Corp)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article Article Fourteen or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (Aetna Inc /Pa/), Subordinated Indenture (Aetna Inc /Pa/)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Debt of the Company shall be entitled by virtue of this Article 11 or otherwise.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in the event that the Trustee, acting in good faith faith, shall mistakenly pay over or distribute to Holders of Securities holders, the Company or to the Company, a Subsidiary Guarantor or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt of the Company shall be are entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Indenture (Spheris Leasing LLC)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Debt of the Company shall be entitled by virtue of this Article 10 or otherwise, except if such mistake was the result of the Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of 51 Securities or to the Company, a Subsidiary Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (Aetna Capital Trust Iv)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Debt of the Company shall be entitled by virtue of this Article XIII or otherwise.
Appears in 1 contract
Samples: Indenture (Carriage Services Inc)
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article Fourteen or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt of the Company. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company, a Subsidiary Guarantor Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Debt of the Company shall be entitled by virtue of this Article 12 or otherwise.
Appears in 1 contract
Samples: Indenture (Jarden Corp)
