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

Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Issuer or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII 11 or otherwise, except if such mistake was the result of the Trustee’s gross negligence or willful misconduct.

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 Debt or any Subsidiary Guarantor Debt and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Securities or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness Debt or Subsidiary Debt shall be entitled by virtue of this Article XII XI or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Securities or to the Issuer Corporation or to any other PersonPerson cash, money property or assets securities to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Notes or to the Issuer Company or to any other PersonPerson cash, money property or assets securities to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII 10 or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it the Trustee shall in good faith mistakenly pay over or distribute to Securityholders Holders of Securities or to the Issuer Company or to any other Personperson cash, money property or assets securities to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII X or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders holders, absent gross negligence or wilful misconduct, if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness of the Company shall be entitled by virtue of this Article XII X or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Series 6-1/2% Notes or to the Issuer Company or to any other PersonPerson cash, money property or assets securities to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII V or otherwise.

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 holder of the Company or any Subsidiary Guarantor Senior Indebtedness, and shall not be liable to any such holders if it shall mistakenly pay over or distribute money or assets to Securityholders or the Issuer or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.Company. SIGNATURES

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Securities or to the Issuer Company or to any other PersonPerson cash, money property or assets securities to which any holders of such Senior Indebtedness of the Company shall be entitled by virtue of this Article XII or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Subordinated Debt Securities or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII 12 or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Securities or the Issuer Company or any other Person, money Person moneys or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness of the Company shall be entitled by virtue of this Article XII ARTICLE 11 or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders holders, absent negligence or willful misconduct, if it shall mistakenly pay over or distribute to Securityholders Holders or the Issuer to LGII or to any other PersonPerson cash, money property or assets securities to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII 13 or otherwise.

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 or any Subsidiary Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Issuer Company or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.