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

Trustee Not Fiduciary for Holders of Senior Indebtedness. 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 and in the absence of gross negligence mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of this Article XII.

Trustee Not Fiduciary for Holders of Senior Indebtedness. The 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 and in the absence of gross negligence mistakenly pay over or distribute to Holders of Securities or to Securityholders, 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; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of . Nothing in this Article XIIX shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness or Entitled Persons in respect of Other Financial Obligations and shall not be liable to any such holders or creditors if it shall in good faith and in the absence of gross negligence 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 or Entitled Persons in respect of Other Financial Obligations shall be entitled by virtue of this Article or otherwise; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of this Article XII.

Trustee Not Fiduciary for Holders of Senior Indebtedness. The 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 and in the absence of gross negligence mistakenly pay over or distribute to Holders of Securities or to Securityholders, the Issuer, the Company 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 X or otherwise; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of . Nothing in this Article XIIX shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Trustee Not Fiduciary for Holders of Senior Indebtedness. ` -------------------------------------------------------- The 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 and in the absence of gross negligence 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; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of this Article XII.