Trustee Not Fiduciary for Holders of Senior. Indebtedness of the Company. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 3 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, Cbre Holding Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (DR Sales Inc), Indenture (Glenoit Asset Corp)
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyGuarantor. The Trustee shall not be deemed to owe any --------------------------- fiduciary ------------------------- duty to the holders of Senior Indebtedness of the Company any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the 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 10 12 or otherwise.
Appears in 2 contracts
Samples: Blum Capital Partners Lp, Cbre Holding Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Indenture (Commercial Aggregates Transportation & Sales LLC)
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company or any other Person, money person moneys or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Emc Corp
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. 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 of the Company 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 Company or to any other PersonPerson cash, money property or assets securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company Issuer or any other Person, money or assets to which any holders of Senior Indebtedness of the Company Issuer shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Chippac LTD
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Securities or to the Company or to any other PersonPerson cash, money property or assets securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XII or otherwise.
Appears in 1 contract
Samples: Xerox Corp
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. ------------ The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Securities or the Company or any other Person, money Person moneys or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Indenture (Analog Devices Inc)
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company or Sub Co-Issuer and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or Holders, the Company Company, Sub Co-Issuer or any other Person, money or assets to which any holders of Senior Indebtedness of the Company or Sub Co-Issuer shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Armkel LLC
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the Company. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the 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 10 12 or otherwise.
Appears in 1 contract
Samples: Chippac LTD
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: Eagle Family Foods Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.. ---------
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Securityholders Holders of Notes or to the Company or to any other PersonPerson cash, money property or assets securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Afc Enterprises Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Subordinated Debt Securities or the Company or any other Person, money or 101 assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XII or otherwise.
Appears in 1 contract
Samples: Chirex Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the Company. The Trustee shall --------------------------- not be deemed to owe any --------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 1 contract
Samples: Iron Age Corp
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: BGF Industries Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the Company. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: Graphic Packaging Corp
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyNote Guarantors. The Trustee shall not be deemed to owe any --------------------------- ------------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company any Note Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company Issuers 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 10 XII or otherwise.
Appears in 1 contract
Samples: Advanced Glassfiber Yarus LLC
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Guarantor Senior Indebtedness or Senior Indebtedness of the Company and and, subject to Section 12.9, shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Guarantor Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XII or otherwise.
Appears in 1 contract
Samples: Applied Business Telecommunications
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the Company Issuers or any other Person, money or assets to which any holders of Senior Indebtedness of either of the Company Issuers shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: Advanced Glassfiber Yarus LLC
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------- holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: 21st Century Telecom Group Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and and, subject to Section 10.9, shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders or the Company or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 X or otherwise.
Appears in 1 contract
Samples: Applied Business Telecommunications
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyNote Guarantors. The Trustee shall not be deemed to owe any --------------------------- ------------------------------- fiduciary duty to the holders of Senior Indebtedness of the Company any Note Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Noteholders or the 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 10 XII or otherwise.
Appears in 1 contract
Samples: BGF Industries Inc
Trustee Not Fiduciary for Holders of Senior. Indebtedness of the CompanyIndebtedness. The Trustee shall not be deemed to owe any --------------------------- fiduciary duty to the ------------ holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Securityholders Holders of Subordinated Debt Securities or the Company Issuers or any other Person, money or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XIII or otherwise.
Appears in 1 contract
Samples: Plains All American Pipeline Lp