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 5 contracts
Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC), Indenture (Westborn Service Center, 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 Ten or otherwise.
Appears in 2 contracts
Samples: SHG Holding Solutions Inc, Leasehold Resource Group LLC
Trustee Not Fiduciary for Holders. of Senior Indebtedness of the CompanySubsidiary Guarantor. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company any Subsidiary 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 1 contract
Trustee Not Fiduciary for Holders. of Senior Indebtedness of the CompanySubsidiary Guarantor. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company 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 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 XV or otherwise.
Appears in 1 contract
Samples: Swift Energy Co
Trustee Not Fiduciary for Holders. of Senior Indebtedness of the CompanyOF SENIOR INDEBTEDNESS OF SUBSIDIARY GUARANTOR. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company any Subsidiary 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 indebtedness shall be entitled by virtue of this Article 10 12 or otherwise.
Appears in 1 contract
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 person moneys or assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XI or otherwise.
Appears in 1 contract
Samples: Navistar Financial Corp
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 Specified 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 Specified Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 XIII or otherwise.
Appears in 1 contract
Samples: NSM Steel Co 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 or otherwise.
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Trustee Not Fiduciary for Holders. of Senior Indebtedness of the CompanyParent or Subsidiary Guarantors. 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.
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Trustee Not Fiduciary for Holders. of Senior Indebtedness of the Company. 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 it shall mistakenly pay over or distribute to Securityholders or Holders of Securities, the Company 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 Fifteen or otherwise.
Appears in 1 contract
Samples: Apex Silver Mines LTD
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 X or otherwise.
Appears in 1 contract
Samples: Neenah Foundry Co
Trustee Not Fiduciary for Holders. of Senior Indebtedness Debt of the Company. The Trustee Trustee, in its capacity as trustee under this Indenture, shall not owe or be deemed to owe any fiduciary duty to the holders of Senior Indebtedness Debt 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 Debt of the Company shall be entitled by virtue of this Article 10 XII or otherwise.
Appears in 1 contract
