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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 8 contracts
Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures or to the Company or to any other person cash, property Person money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XIV or otherwise. With respect to the holders of Senior IndebtednessIndebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XIV or Article XV and no implied covenants or obligations with respect to holders of Senior Indebtedness of the Company shall be read into this Junior Indenture against the Trustee.
Appears in 6 contracts
Samples: Indenture (LBM Holdings, LLC), Indenture (VWR Funding, Inc.), Indenture (VWR International, Inc.)
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 any Subsidiary Guarantor and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 XV or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XV and no implied covenants or obligations with respect to holders of Senior Indebtedness of any Subsidiary Guarantor shall be read into this Junior Indenture against the Trustee.
Appears in 6 contracts
Samples: Indenture (LBM Holdings, LLC), Indenture (VWR Funding, Inc.), Indenture (VWR International, Inc.)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 6 contracts
Samples: Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Heco Capital Trust Ii)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 5 contracts
Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (NYSE Holdings LLC)
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 the Trustee shall in good faith it shall, absent gross negligence or wilful misconduct, mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 XII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Junior Indenture Article XII against the Trustee.
Appears in 5 contracts
Samples: Indenture (Innovative Valve Technologies Inc), Indenture (Magnum Hunter Resources Inc), Indenture (American Residential Services Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XIV or otherwise, except in the case of gross negligence or wilful misconduct on the part of the Trustee. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 4 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 4 contracts
Samples: Indenture (Telex Communications Inc), Indenture (Telex Communications Inc), Indenture (Amtrol Inc /Ri/)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 XIV or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 4 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.), Indenture (BrightView Holdings, Inc.)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XIII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XIII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 4 contracts
Samples: Subordinated Indenture (AXIS Specialty Finance PLC), Subordinated Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed not to owe any fiduciary duty to the holders of Senior Indebtedness and Indebtedness. The Trustee shall not be liable to charged with knowledge of the existence of Senior Indebtedness (other than the Senior Notes) or of any such holders if facts that would prohibit any payment hereunder unless the Trustee shall have received notice thereof in good faith mistakenly pay over or distribute to Holders of such series of Debentures or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled manner prescribed by virtue of this Article 10 or otherwiseIndenture. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations obligation as are specifically set forth in this Article 10 [One] and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Note Purchase Agreement (Seitel Inc), Note Purchase Agreement (Seitel Inc), Revolving Credit Agreement (Seitel Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures noteholders or to the Company or to any other person cash, property moneys or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. With respect to the any holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Fifteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Restated Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securities or to the Company Issuer or to any other person Person cash, moneys, assets, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XIII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 XIII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC)
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 Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness Debt shall be entitled by virtue of this Article 10 or otherwise. With respect to the holders of Senior IndebtednessDebt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness Debt shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (Moog Inc), Indenture (Rainbow Media Enterprises, Inc.)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Subordinated Securities or to the Company or to the 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 10 X or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Subordinated Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy Holdings, LLC), Subordinated Indenture (Western Wisconsin Sand Company, LLC)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 VII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 VII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Supplemental Indenture (Centerpoint Energy Inc), Supplemental Indenture (Centerpoint Energy Inc), Supplemental Indenture (Centerpoint Energy Resources Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee 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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders Holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders Holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (First Tennessee National Corp), Junior Subordinated Indenture (Integon Capital I), Junior Subordinated Indenture (First Tennessee Capital Iv)
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 the Trustee shall mistakenly, in good faith mistakenly the absence of gross negligence or wilful misconduct, pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Centennial Puerto Rico Operations Corp), Indenture (Centennial Cellular Corp), Indenture (Centennial Puerto Rico Operations Corp)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 14 or otherwise. With respect to the holders of Senior IndebtednessIndebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 14 or Article 15 and no implied covenants or obligations with respect to holders of Senior Indebtedness of the Company shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Graphic Packaging Corp), Indenture (Us Office Products Co), Indenture (Relocation Management Systems Inc)
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 the Trustee shall mistakenly, in good faith mistakenly the absence of gross negligence or willful misconduct, pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Supreme International Corp), Indenture (Borg Warner Security Corp), Indenture (Nine West Group Inc /De)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XI or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XI and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 3 contracts
Samples: Indenture (Plains Exploration & Production Co), Indenture (Plains Resources Inc), Indenture (Plains Exploration & Production Co L P)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Indenture (PNM Resources Inc), Indenture (PNM Resources Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The (a) Subject to the provisions of Section 8.1, 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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures the 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Junior Subordinated Notes Indenture (Affiliated Managers Group, Inc.), Junior Subordinated Notes Indenture (Affiliated Managers Group, Inc.)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 Indenture, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Supplemental Indenture (Northern Trust Corp), First Supplemental Indenture (Northern Trust Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of the Senior Indebtedness, the Trustee undertakes to perform only such obligations on the part of the Trustee as are specifically set forth in this Article 10, and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee. 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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Indenture (Aqua Chem Inc), Indenture (Aqua Chem Inc)
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 any Person) and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 6 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 6 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Umb Financial Corp), First Supplemental Indenture (Umb Financial Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The 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 the Trustee shall in good faith mistakenly pay pays over or distribute distributes to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the The Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Eleven and no implied covenants or obligations with respect to holders Holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.. ARTICLE TWELVE
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Stolt Offshore S A), Subordinated Debt Indenture (Stolt Offshore S A)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securities or to the Company Bank 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 2 contracts
Samples: Indenture (Canadian Imperial Bank of Commerce /Can/), Indenture (Canadian Imperial Bank of Commerce /Can/)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Second Supplemental Indenture against the Trustee.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, Inc.)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 Thirteen or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Thirteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Vintage Petroleum Inc)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of 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 10 XI or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Indenture and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Doane Pet Care Co)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securities or to the Company or to any other person Person cash, moneys, assets, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XV or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 XV and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Indenture (Blackstone Holdings I L.P.)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 12 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.. Table of Contents
Appears in 1 contract
Samples: Indenture (Cincinnati Bell Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 12 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 12 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee shall mistakenly, in good faith mistakenly the absence of gross negligence or willful misconduct, pay over or distribute to Holders of such series of 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Subordinated Notes or to the Company Issuer or to any other person Person cash, property property, securities, or securities other assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Indenture (Sirius International Insurance Group, Ltd.)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.. [Signature Page Follows]
Appears in 1 contract
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 Debt and shall not be liable to any such holders Holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness Debt shall be entitled by virtue of this Article 10 11 or otherwise. With respect to the holders of Senior IndebtednessDebt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 11 and no implied covenants or obligations with respect to holders of Senior Indebtedness Debt shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (School Specialty Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the 88 88 holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Ixc Communications Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to the Holders of such series of Debentures or to the Company or to any other person cash, property Person money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 Thirteen or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Thirteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into in this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Debt Indenture (Citizens Funding Trust IV)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures the Notes or to the Company Guarantors 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Eighth Supplemental Indenture against the Trustee.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (AerCap Holdings N.V.)
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 or creditors if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Indenture (Inco LTD)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 13, and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 any Subsidiary Guarantor and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures or to the Company or to any other person cashPerson, property money or securities assets to which any such holders of Senior Indebtedness shall be entitled by virtue of this Article 10 XV or otherwise. With respect to the holders of Senior IndebtednessIndebtedness of any Subsidiary Guarantor, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XV and no implied covenants or obligations with respect to holders of Senior Indebtedness of any Subsidiary Guarantor shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (New Sally Holdings, Inc.)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth for in this Article 10 Thirteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 Issuers and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 14 or otherwise. With respect to the holders of Senior IndebtednessIndebtedness of the Issuers, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 14 or Article 15 and no implied covenants or obligations with respect to holders of Senior Indebtedness of the Issuers shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Dirsamex Sa De Cv)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed not to owe any fiduciary duty to the holders of Senior Indebtedness and Indebtedness. The Trustee shall not be liable to charged with knowledge of the existence of Senior Indebtedness (other than the Senior Notes) or of any such holders if facts that would prohibit any payment hereunder unless the Trustee shall have received notice thereof in good faith mistakenly pay over or distribute to Holders of such series of Debentures or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled manner prescribed by virtue of this Article 10 or otherwiseIndenture. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations obligation as are specifically set forth in this Article 10 One and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Note Purchase Agreement (Seitel Inc)
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 Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness Debt shall be entitled by virtue of this Article 10 Eleven or otherwise. With respect to the holders of Senior IndebtednessDebt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Eleven and no implied covenants or obligations with respect to holders of Senior Indebtedness Debt shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Cincinnati Bell Inc /Oh/)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XIII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 13 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Indenture (Extrusion Technology Corp of America)
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 and, to the extent permitted by applicable law, shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Southwest Gas Corp)
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 or creditors if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 Thirteen or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 14 or otherwise. With respect to the ---------- holders of Senior IndebtednessIndebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 14 or Article 15 and no implied covenants or obligations ---------- ---------- with respect to holders of Senior Indebtedness of the Company shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of 170 Senior Indebtedness and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Staples Inc)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture CVR Agreement against the Trustee.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.. 120 111
Appears in 1 contract
Samples: Indenture (Ev International Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to the Holders of such series of Debentures or to the Company or to any other person cash, property Person money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 Thirteen or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Thirteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Junior Subordinated Debt Indenture (Citizens Funding Trust IV)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Methanex Corp)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 XIII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 XIII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series Securities of Debentures or any series, 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 Eleven or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Eleven and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Chesapeake Energy Corp)
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 any Note Guarantor and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 15 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 15 and no implied covenants or obligations with respect to holders of Senior Indebtedness of any Note Guarantor shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Graphic Packaging Corp)
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 any Note Guarantor and shall not be liable to any such holders if the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 15 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 15 and no implied covenants or obligations with respect to holders of Senior Indebtedness of any Note Guarantor shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Dirsamex Sa De Cv)
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 Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to the Holders of such series of Debentures or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness Debt shall be entitled by virtue of this Article 10 or otherwise. With respect to the holders of Senior IndebtednessDebt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness Debt shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Archibald Candy Corp)
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 Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness Debt shall be entitled by virtue of this Article 10 or otherwise. With respect to the holders of Senior IndebtednessDebt, the Trustee undertakes to or perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness Debt shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Gardner Denver Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securities or coupons 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Staples Inc)
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 senior indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness senior indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Xl Capital LTD)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed to owe own any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.. 117
Appears in 1 contract
Samples: Indenture (Iesi Tx Corp)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures the Notes 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Eighth Supplemental Indenture against the Trustee.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (AerCap Holdings N.V.)
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 the Trustee it shall in good faith mistakenly negligently pay over or distribute to Holders of such series of Debentures 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; provided that the Trustee shall be liable for any such payment or distribution made through its gross negligence or willful misconduct. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee shall it shall, in good faith faith, mistakenly pay over or distribute to Holders of such series of Debentures 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 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or and obligations as are specifically set forth in this Article 10 Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Junior Indenture Article against the Trustee.
Appears in 1 contract
Samples: Indenture (Avatar Holdings Inc)
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 14 or otherwise. With respect to the holders of Senior IndebtednessIndebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 14 or Article 15 and no implied covenants or obligations with respect to holders of Senior Indebtedness of the Company shall be read into this Junior Indenture against the Trustee.. 128
Appears in 1 contract
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures Securityholders or to the Company or to any other person cashPerson, property money or securities 97 106 assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
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 the Trustee it shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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 10 XIV or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
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 the Trustee shall in good faith mistakenly pay over or distribute to Holders of such series of Debentures 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. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior the Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Collins & Aikman Corp)
