Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 7 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Michaels Stores Inc), Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Avago Technologies LTD)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve Sixteen or otherwise.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders Noteholders or the Company Issuer or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article Twelve 12 or otherwise.
Appears in 2 contracts
Samples: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve XII or otherwise.
Appears in 2 contracts
Samples: Senior Subordinated Notes Indenture (Claires Stores Inc), Senior Subordinated Notes Indenture (ASC Acquisition LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 2 contracts
Samples: Interline (Interline Brands, Inc./De), Universal City Travel Partners
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 13 or otherwise.
Appears in 1 contract
Samples: Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor’s Senior Indebtedness of any Guarantor and shall not be liable to any such holders of Senior Indebtedness if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor’s Senior Indebtedness shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Samples: Satisfaction and Discharge of Indenture (Actuant Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor's Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor's Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve XV or otherwise.
Appears in 1 contract
Samples: Indenture (Adesa California, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor's Senior Indebtedness of any Guarantor and shall not be liable to any such holders of Senior Indebtedness if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor's Senior Indebtedness shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Samples: Indenture (Actuant Corp)
