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 (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc), 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 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: Intercreditor Agreement (LBM Holdings, LLC), Indenture (Hertz Corp), 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 I)
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), American Residential Services Inc, Pentegra Dental 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 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.), Indenture (Intercontinental Exchange, Inc.), 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 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: 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 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 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), United Rentals Inc /De, 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 (Amtrol Inc /Ri/), Indenture (Telex Communications Intermediate Holdings LLC), Indenture (Telex 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 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 the Securities of any series of 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 10 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 and obligations as are specifically set forth in this Article 10 12, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Junior the Indenture against the Trustee. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Sections 4.9, 5.11 and 6.9.
Appears in 3 contracts
Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz 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.
Appears in 3 contracts
Samples: Indenture (Graphic Packaging Corp), Refinancing Agreement (Relocation Management Systems Inc), Us Office Products 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 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: Indenture (AXIS Specialty Finance LLC), AXIS Specialty Finance LLC, 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 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), Philip Services Corp/De, Philip Services Corp/De
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: Indenture (First Tennessee National Corp), Indenture (First Tennessee Capital Iv), Integon Capital I
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: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), 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 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: Registration Rights Agreement (Supreme International Corp), Nine West Group Inc /De, Borg Warner Security 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 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), Plains Resources Inc, Plains Exploration & Production Co L P
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), 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 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 and Assumption Agreement (Centennial Cellular Corp), Centennial Puerto Rico Operations Corp, 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 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: Indenture (Jones Energy, Inc.), Indenture (Jones Energy Holdings, LLC), 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 shall mistakenly, in good faith mistakenly the absence of gross negligence or willful misconduct, pay over or distribute to Holders 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
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 to 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 Article, and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Junior Indenture against the Trustee. Nothing in this Article shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.07.
Appears in 2 contracts
Samples: Indenture (Giant Industries Inc), Giant Industries Inc
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 (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: Indenture (Affiliated Managers Group, Inc.), 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 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 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, except in the case of gross negligence or willful 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 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 2 contracts
Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
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 2 contracts
Samples: Indenture (Moog Inc), 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 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 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 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: Centennial Puerto Rico Operations Corp, 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 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: Stolt Offshore S A, 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 (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: Umb Financial Corp, 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 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 willful 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 2 contracts
Samples: United Rentals Realty, LLC, Wynne 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 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 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 62 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: Xl Group PLC
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 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 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: 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: 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 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: 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 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 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: 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 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 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: Avalon Cable Finance 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 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 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 -84- 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: Fleming Companies Inc /Ok/
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 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 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
Samples: Indenture (Rediff Com India 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 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
Samples: Atlantic Health 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 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 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 shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: DRS Technologies 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 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 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 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: 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: 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 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.. ARTICLE THIRTEEN
Appears in 1 contract
Samples: Cablevision Systems Corp /Ny
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: Guarantee Agreement (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 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
Samples: Sports Authority 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.. 120 111
Appears in 1 contract
Samples: 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 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: Collins & Aikman 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 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
Samples: Fleming Companies Inc /Ok/
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 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: 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 or to the Company or to any other person Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled 50 57 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. Nothing in this Article shall apply to claims of or payments to, the Trustee under or pursuant to Section 7.07.
Appears in 1 contract
Samples: Indenture (Cox 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 of either Issuer 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 such 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 either Issuer, 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 either Issuer shall be read into this Junior Indenture against the Trustee.
Appears in 1 contract
Samples: 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 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 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 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 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. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.
Appears in 1 contract
Samples: Net 1 Ueps Technologies 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
Samples: Supplemental Indenture (Better Home & Finance Holding 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 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: Successor (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 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 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 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 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: 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 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 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.. ARTICLE FOURTEEN
Appears in 1 contract
Samples: Indenture (Oci 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 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: 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 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 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 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 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: 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 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: 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 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.. ARTICLE TWELVE
Appears in 1 contract
Samples: 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 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, 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.. Nothing in this Article shall apply to claims of or payments to, the Trustee under or pursuant to Section 606. * * * * *
Appears in 1 contract
Samples: Apache 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 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 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: 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 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: 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 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/)
