Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 172 contracts
Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Junior Subordinated Indenture (Capstead Mortgage Corp)
Trustee Not Fiduciary for Holders of Senior Debt. 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 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 55 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (People's United Financial, Inc.), Wilshire Bancorp Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 43 contracts
Samples: Indenture (Geo MCF Lp, LLC), OM Asset Management PLC, TPG Nv
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 41 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares, Expenses and Liabilities (Amerus Capital I)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it 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 Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 14 contracts
Samples: Subordinated Indenture (Assurant Inc), Indenture (RadNet, Inc.), Subordinated Indenture (Scottish Power Finance (US) Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 9 contracts
Samples: Subordinated Indenture (Abn Amro Bank Nv), Orbotech LTD, Amarin Finance Ltd.
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders the Noteholders of Securities or the Notes, to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 7 contracts
Samples: Indenture (Onyx Acceptance Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or any Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 6 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc, Allied Waste Industries Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII XIII or otherwise.
Appears in 6 contracts
Samples: Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of the Corporation's Senior Debt 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 Corporation or to any other Person cash, property or securities to which any holders of Corporation's Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 4 contracts
Samples: South Carolina Electric & Gas Co, Scana Corp, Scana Corp
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, ------------------------------------------------- Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the 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 XII 10 or otherwise.
Appears in 3 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Hudson Respiratory Care Inc, Century Maintenance Supply Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise. SECTION 12.11.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Operating Partnership or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 3 contracts
Samples: Vornado Realty Lp, Vornado Realty Lp, Vornado Realty Trust
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Debentureholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 3 contracts
Samples: Indenture (Petroleum Heat & Power Co Inc), Indenture (Petroleum Heat & Power Co Inc), Petroleum Heat & Power Co Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith 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 Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 3 contracts
Samples: Indenture (MRV Communications Inc), Homebase Inc, Infocure Corp
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 3 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 3 contracts
Samples: Loews Cineplex Entertainment Corp, Phillips Van Heusen Corp /De/, Phillips Van Heusen Corp /De/
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to Section 601 of the Original Indenture, shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 13 or otherwise.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Holders, the Issuer or to the Company Guarantor or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 10 or otherwise, except if such payment or distribution is made as a result of the gross negligence or willful misconduct of the Trustee.
Appears in 2 contracts
Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo), PTC International Finance Holding B V
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securities, the Guarantor or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 2 contracts
Samples: Technical Olympic Usa Inc, Tousa Delaware Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute distributes to Holders of Securities Holders, or to the Company Corporation or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 2 contracts
Samples: Southwest Water Co, Southwest Water Co
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article VI, the Trustee shall not be liable to any such holders holder of Senior Debt if it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to any Holder, the Company 65 or to any other Person cash, property person money or securities assets to which any holders holder of Senior Debt shall be entitled by virtue of this Article XII XIV or otherwise.
Appears in 2 contracts
Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII X or otherwise.
Appears in 2 contracts
Samples: Indenture (Dii Group Inc), Fairpoint Communications Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders the Debentureholders of Securities or the Debentures, to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Taylor Investment Corp /Mn/), Indenture (Paper Warehouse Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute distributes to Holders of Securities Securityholders, or to the Company or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 2 contracts
Samples: Indenture (Health Management Associates Inc), Health Management Associates Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 10 or otherwise, except if such mistake was the result of the Trustee's gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Indenture (Celestica Inc), Celestica Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Trust Agreement (Bankatlantic Bancorp Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Issuers and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or to the Company Issuers or to any other Person cash, property money or securities assets to which any holders of Senior Debt of the Issuers shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 2 contracts
Samples: Supplemental Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders the Noteholders of Securities or the Notes, to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.. -73- Indenture
Appears in 2 contracts
Samples: Article Eleven Mandatory (PDS Gaming Corp), Article Eleven Mandatory (PDS Financial Corp)
Trustee Not Fiduciary for Holders of Senior Debt. The ------------------------------------------------ Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the 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 XII 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (Intersil Holding Co), Radio One Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or the Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Amarin Finance Ltd., Orvet Pharmaceuticals Finance Sa
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith and absent gross negligence or willful misconduct, 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 Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), America Online Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or the Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 13 or otherwise.
Appears in 1 contract
Samples: Teligent Inc
Trustee Not Fiduciary for Holders of Senior Debt. (a) The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII Fourteen or otherwise, except if such mistake was the result of the Trustee’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Indenture (Sanmina-Sci Corp)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities 104 97 or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Indenture (Bancorpsouth Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of the Senior Debt of a Subordinated Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or to the Company such Subordinated Guarantor or to any other Person cashperson, property money or securities assets to which any holders of the Senior Debt of such Subordinated Guarantor shall be entitled by virtue of this Article XII Guarantee Subordination Terms or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. 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 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.. -----------
Appears in 1 contract
Samples: Indenture (First Banks, Inc)
Trustee Not Fiduciary for Holders of Senior Debt. 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 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 1 contract
Samples: Uici
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over - 77 - 88 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 Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Nabors Industries Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Bank Bradesco
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: M&t Bank Corp
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall mistakenly (in good faith mistakenly the absence of gross negligence or wilful misconduct) pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashperson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, 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 distribute, to Holders of Securities or to the 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 XII X or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise. SECTION 13.13.
Appears in 1 contract
Samples: Republic New York Capital Iv
Trustee Not Fiduciary for Holders of Senior Debt. The ------------------------------------------------- Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Central Fidelity Capital Trust I
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute to Holders of Securities Holders, or to the Company Issuer or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 1 contract
Samples: Merger (Spansion Inc.)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it 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 Debt shall be entitled by virtue of this Article XII Seventeen or otherwise.
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders holders of Securities Debentures or to the Company or to any other Person cash, property or securities Debentures to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders Holders of Senior Debt and shall not be liable to any such holders Holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company company or to any other Person cash, cash property or securities Securities to which any holders Holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Sierra Health Services Inc
Trustee Not Fiduciary for Holders of Senior Debt. 71 77 The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of the Corporation's Senior Debt 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 Corporation or to any other Person cash, property or securities to which any holders of Corporation's Senior Debt shall be entitled by virtue of this Article XII XIII or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, securities or other property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Monmouth Real Estate Investment Corp
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or, if applicable, the Parent Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Indenture (Aegon Funding Corp)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The 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 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 1 contract
Samples: Capitalsource Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Issuer 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 coupons or to any other Person cash, property or securities to which any holders of Senior Debt of the Issuer shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashperson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII the Intercreditor and Subordination Agreement or otherwise.
Appears in 1 contract
Samples: Security Agreement (Security Devices International Inc.)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, 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 if, acting in good faith, it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the 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 XII X or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith and absent gross negligence or willful misconduct, mistakenly pay over or distribute to Holders of Securities Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Aol Time Warner Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute distributes to Holders of Securities Noteholders, or to the Company or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 1 contract
Samples: Supplemental Indenture (Sybron Dental Specialties Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed by virtue of this Indenture to owe any fiduciary duty to the holders of Senior Debt 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 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 XII 12 or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Nicewonder Contracting, Inc.)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute to Holders of Securities Holders, or to the Company or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 1 contract
Samples: Delta Air Lines Inc /De/
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it 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 Debt shall be entitled by virtue of this Article XII Sixteen or otherwise.
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to Section 601 of the Original Indenture, shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.any
Appears in 1 contract
Samples: Video Satellite (Tv Guide Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The -------------- ------------------------------------------------ Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Chittenden Capital Trust I
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders holder if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cash, property person monies or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII Eleven or otherwise.
Appears in 1 contract
Samples: Synetic Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute distributes to Holders of Securities Holders, or to the Company Issuer or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 1 contract
Samples: DPC Products, Inc.
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Debt Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII XVI or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashperson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt or Guarantor Senior Debt and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Notes or to the Company or any Guarantor or to any other Person cash, property or securities to which any holders of Senior Debt or Guarantor Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Indenture (Hollywood Theaters Inc)
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if it EXHIBIT D 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 Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII X or otherwise.
Appears in 1 contract
Samples: Avery Berkel Holdings LTD
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute to Holders of Securities Noteholders, or to the Company or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII or otherwiseArticle.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 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 XII III or otherwise.
Appears in 1 contract
Samples: Labranche & Co Inc
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Abn Amro Bank Nv
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt 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 Holders, the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article XII 12 or otherwise, except if such mistake was the result of the Trustee's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Villa Pines Care LLC
Trustee Not Fiduciary for Holders of Senior Debt. The Trustee, in its capacity as trustee under this Indenture, shall Trustee will not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall will not be liable to any such holders if it shall in good faith mistakenly pay pays over or distribute distributes to Holders of Securities Noteholders, or to the Company or to any other Person cashPerson, property any money or securities assets to which any holders of Senior Debt shall be are entitled by virtue of this Article XII unless due to the Trustee’s gross negligence or otherwisewilfull misconduct.
Appears in 1 contract
Samples: Indenture (Neenah Foundry Co)
