Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 77 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 58 contracts
Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Wesbanco Inc), Indenture (FMC Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 27 contracts
Samples: Indenture (Swift Energy Co), Pioneer Natural Resources Co, Pioneer Natural Resources Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise.
Appears in 15 contracts
Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.), Subordinated Indenture (Ring Energy, Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 14 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Bank of New York Co Inc), Compass Trust Ii
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 13 contracts
Samples: Otelco (Otelco Inc.), Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Telecommunications LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to any of the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 12 contracts
Samples: Indenture (CNX Coal Finance Corp.), Indenture (Global Operating LLC), Indenture (EXLP Finance Corp.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 11 contracts
Samples: Supplemental Indenture (Stone Energy Corp), Indenture (Mediq Inc), Indenture (FSC Semiconductor Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article Four or otherwise.
Appears in 10 contracts
Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 10 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Human Genome Sciences Inc), Indenture (Affymetrix Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 10 contracts
Samples: Retention Agreement (Hexcel Corp /De/), Securities Indenture (Gutbusters Pty LTD), Dollar Securities Indenture (Gutbusters Pty LTD)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 9 contracts
Samples: Indenture (American Greetings Corp), Buffets Inc, Prime Hospitality Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 9 contracts
Samples: Subordinated Indenture (Wintrust Financial Corp), First Supplemental Indenture (Old Line Bancshares Inc), Synovus Financial Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the Debentures or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 9 contracts
Samples: Indenture (Dte Energy Co), Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Debentures or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 8 contracts
Samples: Allstate Corp, Allstate Corp, Supplemental Indenture (Citizens Utilities Capital L P)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Issuers or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 8 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 8 contracts
Samples: Indenture (Magellan Health Services Inc), Indenture (MBS Multimode Inc), Volume Services America Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article XIV or otherwise, except in the case of gross negligence or wilful misconduct on the part of the Trustee.
Appears in 7 contracts
Samples: Indenture (Group Maintenance America Corp), Indenture (Wyne Systems Inc), Indenture (Integrated Electrical Services Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 7 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Viasystems Inc), Indenture (Texas Petrochemicals Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Partnership or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 7 contracts
Samples: Indenture (Magellan Midstream Partners Lp), Val Verde Gas Gathering Co Lp, Indenture (Jonah Gas Gathering Co)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Senior Indebtedness shall be entitled by virtue of this Article XIII or otherwise.
Appears in 7 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), First Hawaiian Capital I
Trustee Not Fiduciary for Holders of Senior Indebtedness. The TrusteeSubject to the provisions of Section 601, in its capacity as trustee under this Indenture, the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Junior Subordinated Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 7 contracts
Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Agl Capital Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 7 contracts
Samples: Holly Energy Finance Corp., Indenture (Turkey Creek Pipeline, LLC), SLC Pipeline LLC
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article Ten 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. 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 Indebtedness of the Company 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 or to any other Person cash, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 6 contracts
Samples: Supplemental Indenture (Covalence Specialty Adhesives LLC), Indenture (Berry Plastics Holding Corp), Indenture (MPM Silicones, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article Seventeen or otherwise.
Appears in 6 contracts
Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc), Indenture (Thermotrex Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 16 or otherwise.
Appears in 6 contracts
Samples: Registration Rights Agreement (Walter Industries Inc /New/), Registration Rights Agreement (Alliant Techsystems Inc), Indenture (Headwaters Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 6 contracts
Samples: Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (Linn Energy Finance Corp.), Indenture (Crosstex Eunice, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwiseIndebtedness.
Appears in 6 contracts
Samples: Indenture (Estee Lauder Companies Inc), Indenture (Protection One Alarm Monitoring Inc), Indenture (Reeves Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness of the Company shall be entitled by virtue of this Article X or otherwise.
Appears in 5 contracts
Samples: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Constar International Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the Debentures of any series or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: Source One Mortgage Services Corp, Source One Mortgage Services Corp, Source One Mortgage Services Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The TrusteeSubject to the provisions of Section 601, in its capacity as trustee under this Indenture, the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: Indenture (American General Corp /Tx/), Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and and, subject to Section 10.9, 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 Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 5 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co), Nebraska Book Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUIDS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Indenture (Detroit Edison Co), Detroit Edison Co, Detroit Edison Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Debentures or to the Company or to any other Person person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Eleven or otherwise.
Appears in 4 contracts
Samples: Indenture (Republic Bancshares Inc), Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article 13 or otherwise.
Appears in 4 contracts
Samples: Interliant Inc, Earthweb Inc, Triquint Semiconductor Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 a Subsidiary Guarantor or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Top Tankers Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness of either of the Issuers 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 Issuers or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of either of the Issuers shall be entitled by virtue of this Article 10 or otherwise.
Appears in 4 contracts
Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc), Dex Media West LLC
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to, or be subject to any implied covenants or obligations in favor of, the holders of Senior Indebtedness 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 Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 4 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Heico Corp, Lomak Petroleum Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities the Partnership or to any of the Company Subsidiary Guarantors or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 4 contracts
Samples: Indenture (EnLink Midstream Partners, LP), Indenture (Oiltanking Partners, L.P.), Indenture (Kerr-McGee Gathering LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Partnership or to the Guarantor or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Note 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 Note Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness of the Note Issuer shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius Medical Care Corp, Fresenius National Medical Care Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Partnership or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Indenture (K-Sea Transportation Inc.), ETC Texas Pipeline, LTD, Heritage Operating Lp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Wheeler Real Estate Investment Trust, Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 an Issuer or to any other Person cash, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 3 contracts
Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 the Bonds, to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Company, or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Seven or otherwise.
Appears in 3 contracts
Samples: Indenture (Lin Television Corp), Lin Television Corp, WTNH Broadcasting Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 the Debentures of any series or to the Company or to any other Person cash, property or securities to which any holders Holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Dte Energy Co, Dte Energy Co, Dte Energy Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUIDS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise. SECTION 409.
Appears in 3 contracts
Samples: Detroit Edison Co, Detroit Edison Co, Detroit Edison Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Kent Electronics Corp, Kent Electronics Corp, Building One Services Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith and absent gross negligence or willful misconduct, mistakenly pay pays over or distribute distributes to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Patterson Energy Inc, Stillwater Mining Co /De/
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc., Indenture (Sumitomo Mitsui Financial Group, Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseIssuer.
Appears in 3 contracts
Samples: Service Corporation International, Service Corporation International, Service Corporation International
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Investment Notes or to the Company or to any other Person person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 3 contracts
Samples: Levitt Corporation (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 3 contracts
Samples: Integrated Health Services (Integrated Health Services Inc), Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Detroit Edison Co), Indenture (Detroit Edison Trust I), Dte Energy Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 3 contracts
Samples: Indenture (AMI 2, Inc.), Pardril Inc, Quail Usa LLC
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness of the Company and shall not be liable to any such holders holders, absent gross negligence or wilful misconduct, 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 Indebtedness of the Company shall be entitled by virtue of this Article X or otherwise.
Appears in 3 contracts
Samples: Prime Succession Holdings Inc, Prime Succession Holdings Inc, Prime Succession Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and and, subject to the provisions of Article Six, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other Person cash, property person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen or otherwise.
Appears in 3 contracts
Samples: Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary or other duty to the holders of Senior Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: sec.report, Indenture, sec.report
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Indebtedness of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Symons International Group Inc, Fresenius National Medical Care Holdings Inc, Superior National Insurance Group Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness and or Senior Indebtedness of the Company and, subject to Section 3.9, 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 Guarantor Senior Indebtedness shall be entitled by virtue of this Article III or otherwise.
Appears in 3 contracts
Samples: Subsidiary Guarantee (Nebraska Book Co), Nebraska Book Co, NBC Acquisition Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 3 contracts
Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise.
Appears in 3 contracts
Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources of California Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Company, or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 3 contracts
Samples: COLORADO INTERSTATE ISSUING Corp, COLORADO INTERSTATE ISSUING Corp, Hillenbrand Industries Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article ARTICLE X or otherwise.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (United States Can Company /De/), Indenture (Us Can Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Coupons or to the Company Trust or the Corporation, as the case may be, or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Starwood Lodging Corp, Starwood Lodging Trust
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (Wki Holding Co Inc), Wesco International Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall mistakenly, in good faith mistakenly the absence of gross negligence or willful 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 Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Exodus Communications Inc), Exodus Communications Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Raytheon Co/), Wellman Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and (subject to Section 4.09 hereof) 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 to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 4 or otherwise.
Appears in 2 contracts
Samples: Indenture (Commscope Inc), Indenture (Commscope Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article III or otherwise.
Appears in 2 contracts
Samples: Mercantile Bancorporation Inc, Mercantile Bancorporation Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders Security holders or the Company. This instrument may be executed in any number of Securities or to the Company or to any other Person cashcounterparts, property or securities to each of which any holders of Senior Indebtedness so executed shall be entitled by virtue of this Article or otherwisedeemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and and, subject to the provisions of Section 6, shall not be liable to the holder of any such holders Senior Indebtedness if it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities Holders, the Company, or to the Company or to any other Person Person, cash, property or securities to which any holders holder of Senior Indebtedness shall be entitled to by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Boise Cascade Trust Iii
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUICS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Source One Mortgage Services Corp, Source One Mortgage Services Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.Company. -----------------------------------
Appears in 2 contracts
Samples: Newfield Exploration Co /De/, Newfield Financial Trust Ii
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness of the Company shall be entitled by virtue of this Article 11 or otherwise.
Appears in 2 contracts
Samples: Skyworks Solutions Inc, Fairchild Semiconductor International Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuers or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIII or otherwise.
Appears in 2 contracts
Samples: PNG Finance Corp., Eott Energy Operating Lp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and and, subject to the first sentence of Section 7.09, 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 Company, or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Seven or otherwise.
Appears in 2 contracts
Samples: Indenture (MTS Inc), MTS Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: H&r Block Inc, H&r Block Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders holder of the Senior Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseCompany.
Appears in 2 contracts
Samples: Coastal Corp, Coastal Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness by virtue of this Article and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Seventh Supplemental Indenture (Alcan Inc), Alcan Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders holders, absent negligence or willful misconduct, if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Alderwoods or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 13 or otherwise.
Appears in 2 contracts
Samples: Indenture (Loewen Group International Inc), Alderwoods Group Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities and any coupons appertaining thereto or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Royal Gold Inc /De/, Royal Gold Inc /De/
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to any of the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (EnLink Midstream Partners, LP), Indenture (EnLink Midstream, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article Four or otherwise.
Appears in 2 contracts
Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Neither the Trustee nor any Holder shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and of the Company or 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 Indebtedness of the Company shall be entitled by virtue of this Article 8 or otherwise.
Appears in 2 contracts
Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Corporation or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Convertible Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Usn Communications Inc), Indenture (United Usn Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The TrusteeSubject to the provisions of Section 6.1, in its capacity as trustee under this Indenture, the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: American General Corp /Tx/, American General Capital Iv
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Notes or to the Company or to any other Person Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 2 contracts
Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article or otherwise.. Section 1212. Rights of Trustee as Holder of Senior Indebtedness;
Appears in 2 contracts
Samples: Exhibit 4 (Converse Inc), Converse Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 Indebtedness 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 Indebtedness shall be entitled by virtue of this Article Ten or otherwise.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc
