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

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such of its covenants and obligations as are specifically set forth in this Article XV, and no implied covenants or obligations with respect to the 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. The Trustee shall not be liable to any such holder if it shall pay over or distribute to or on behalf of Holders of Securities or the Company, or any other Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. For the avoidance of doubt, (i) when acting under this Article, the Trustee shall have all of the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this Article.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Neither the Trustee nor any Paying Agent (including the Company if the Company acts as Paying Agent) shall be deemed to owe any fiduciary duty to the holders of Senior Indebtedness. Neither the Trustee nor any Paying Agent shall be liable to any such holder (subject to Section 1206 hereof, except for its own gross negligence or willful misconduct) if any of them shall mistakenly pay over or distribute to Holders of the Securities of any series and the coupons, if any, appertaining thereto, the Company or any other person monies or assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise. With respect to the holders of Senior Indebtedness, the Trustee or the Paying Agent undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVArticle, and no implied covenants or obligations with respect to the 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. The Trustee shall not be liable to any such holder if it shall pay over or distribute to or on behalf of Holders of Securities or the Company, or any other Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. For the avoidance of doubt, (i) when acting under this Article, the Trustee shall have all of the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this ArticlePaying Agent.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such obligations on the part of its covenants and obligations the Trustee as are specifically set forth in this Article XV5, and no implied covenants or obligations with respect to the 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. The Trustee Indebtedness and shall not be liable to any such holder holders if it the Trustee shall in good faith mistakenly pay over or distribute to (i) Holders or on behalf holders of Holders Shares of Securities or Common Stock issued upon conversion of such Notes; (ii) the Company, ; or (iii) any other PersonPerson cash, moneys property or assets securities to which any holder holders of Senior Indebtedness shall would be entitled by virtue of this Article XV 5 or otherwise. For With respect to the avoidance holders of doubt, (i) when acting under this ArticleSenior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 5 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall have all of be read into this Indenture against the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this ArticleTrustee.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such obligations on the part of its covenants and obligations the Trustee as are specifically set forth in this Article XV5, and no implied covenants or obligations with respect to the 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. The Trustee Indebtedness and shall not be liable to any such holder holders if it the Trustee shall in good faith mistakenly pay over or distribute to (i) Holders or on behalf holders of Holders shares of Securities or Class A Subordinate Voting Stock issued upon conversion of such Notes; (ii) the Company, ; or (iii) any other Personperson cash, moneys property or assets securities to which any holder holders of Senior Indebtedness shall would be entitled by virtue of this Article XV 5 or otherwise. For With respect to the avoidance holders of doubt, (i) when acting under this ArticleSenior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 5 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall have all of be read into this Indenture against the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this ArticleTrustee.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such obligations on the part of its covenants and obligations the Trustee as are specifically set forth in this Article XV5, and no implied covenants or obligations with respect to the 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. The Trustee Indebtedness and shall not be liable to any such holder holders if it the Trustee shall in good faith mistakenly pay over or distribute to (i) Holders or on behalf holders of Holders Shares of Securities or Beneficial Interest issued upon conversion of such Notes; (ii) the Company, ; or (iii) any other PersonPerson cash, moneys property or assets securities to which any holder holders of Senior Indebtedness shall would be entitled by virtue of this Article XV 5 or otherwise. For With respect to the avoidance holders of doubt, (i) when acting under this ArticleSenior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 5 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall have all of be read into this Indenture against the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this ArticleTrustee.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior IndebtednessThe Trustee, the Trustee undertakes to perform or observe only such of in its covenants and obligations capacity as are specifically set forth in trustee under this Article XVIndenture, and no implied covenants or obligations with respect to the 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. The Trustee Indebtedness and shall not be liable to any such holder holders if it shall in good faith mistakenly pay over or distribute to or on behalf of Holders of Securities or to the Company, Company or to any other PersonPerson cash, moneys property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. For SECTION 1213. Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights. The Trustee in its individual capacity shall be entitled to all the avoidance rights set forth in this Article with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of doubtSenior Indebtedness, (i) when acting under and nothing in this Article, Indenture shall deprive the Trustee shall have all of the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 any of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this Articleits rights as such holder.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such obligations on the part of its covenants and obligations the Trustee as are specifically set forth in this Article XVTwelve, and no implied covenants or obligations with respect to the 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. The Trustee Indebtedness and shall not be liable to any such holder holders if it the Trustee shall in good faith mistakenly pay over or distribute to (i) Holders or on behalf holders of Holders shares of Securities or Class A Subordinate Voting Stock issued upon conversion of such Securities; (ii) the Company, ; or (iii) any other Personperson cash, moneys property or assets securities to which any holder holders of Senior Indebtedness shall would be entitled by virtue of this Article XV Twelve or otherwise. For With respect to the avoidance holders of doubt, (i) when acting under this ArticleSenior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article Twelve and no implied covenants or obligations with respect to holders of Senior Indebtedness shall have all of be read into this Indenture against the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this ArticleTrustee.

Trustee Not Fiduciary for Holders of Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or observe only such of its covenants and obligations as are specifically set forth in this Article XV, and no implied covenants or obligations with respect to the 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. The Trustee shall not be liable to any such holder if it shall pay over or distribute to or on behalf of Holders of Securities or the Company, or any other Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. For the avoidance of doubt, (i) when acting under this Article, the Trustee shall have all of the rights, benefits, privileges, protections and indemnities provided to the Trustee under Article 7 XI of this Indenture, and (ii) the Trustee shall not have any duty to take any discretionary action or exercise any discretionary powers in acting under this Article.