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

Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 12, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this Indenture against and/or the Trustee. and/or the Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.3, neither the Trustee (nor ___________________) shall be liable to the holder of any Senior Debt if it shall pay over or deliver to Holders, the Company, or any other person, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 2 contracts

Samples: Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Ilm Senior Living Inc /Va)

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Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 12, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this Indenture against and/or the Trustee. and/or the The Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.3, neither the Trustee (nor ___________________) shall not be liable to the holder of any Senior Debt if it shall pay over or deliver to the Holders, the Company, or any other person, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 2 contracts

Samples: Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii), Junior Convertible Subordinated Indenture (Newfield Exploration Co /De/)

Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 12, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this Indenture against and/or the Trustee. and/or the The Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.3, neither the Trustee (nor ___________________) shall not be liable to the holder of any Senior Debt if it shall pay over or deliver to Holders, the Company, or any other person, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 1 contract

Samples: Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust)

Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 12, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this Indenture against IBJ Xxxxxxxx and/or the Trustee. IBJ Xxxxxxxx and/or the Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.3, neither the Trustee (nor ___________________IBJ Xxxxxxxx) shall be liable to the holder of any Senior Debt if it shall pay over or deliver to Holders, the Company, or any other person, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 1 contract

Samples: Indenture (Host Marriott Corp/Md)

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Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 125, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this First Supplemental Indenture against Bank and/or the Trustee. Bank and/or the Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.36.3 of the Indenture, neither the Trustee (nor ___________________Bank) shall be liable to the holder of any Senior Debt if it shall pay over or deliver to Holders, the Company, or any other personPerson, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 1 contract

Samples: First Supplemental Indenture (Pioneer Standard Electronics Inc)

Trustee Not Fiduciary for Holders of Senior Debt. With respect to the holders of the Senior Debt of the Company, the Trustee undertakes to perform or observe only such of its obligations and covenants as are set forth in this Article 12, and no implied covenants or obligations with respect to the holders of such Senior Debt shall be read into this Indenture against Chase and/or the Trustee. Chase and/or the Trustee shall not be deemed to owe any fiduciary duty to the holders of such Senior Debt and, subject to the provisions of Section 6.3, neither the Trustee (nor ___________________Chase) shall be liable to the holder of any Senior Debt if it shall pay over or deliver to Holders, the Company, or any other person, money or assets to which any holder of such Senior Debt shall be entitled to by virtue of this Article 12 or otherwise.

Appears in 1 contract

Samples: Junior Convertible Subordinated Indenture (Newell Financial Trust I)

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