Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. The 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 Guarantor 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 Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Guarantor shall be entitled by virtue of this Article XIV or otherwise.
Appears in 13 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Mills Corp)
Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. The 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 Guarantor 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 Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Guarantor shall be entitled by virtue of this Article XIV or otherwise.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Validus Holdings LTD), Third Supplemental Indenture (Validus Holdings LTD), Flagstone Reinsurance Holdings LTD
Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not owe or be deemed to owe any fiduciary duty to the holders of Senior Debt of the Guarantor 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 Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Guarantor shall be entitled by virtue of this Article XIV or otherwise.
Appears in 2 contracts
Samples: Brown Tom Inc /De, Brown Tom Inc /De
Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not owe or be deemed to owe any fiduciary duty to the holders of Senior Debt of the Guarantor and shall not be liable to any such holders holder if it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to coupons, the Guarantor Issuer or to any other Person cash, property person moneys or securities assets to which any holders holder of Senior Debt of the Guarantor shall be entitled by virtue of this Article XIV or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt of the Guarantor. The 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 Guarantor 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 Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt of the Guarantor shall be entitled by virtue of this Article XIV or otherwise.
Appears in 1 contract
Samples: Aetna Capital Trust Iv
