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

Trustee Not Fiduciary for Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 3, and no implicit 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 and shall not be liable to any such holder if it shall pay over or distribute in good faith to or on behalf of holders of Notes or the Company moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 3 or otherwise, except if such payment or distribution is made as a result of the gross negligence or willful misconduct of the Trustee.

Trustee Not Fiduciary for Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 3XIII, and no implicit 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 and shall not be liable to any such holder if it shall pay over or distribute in good faith to or on behalf of holders Holders of Notes Securities or the Company moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 3 or otherwise, except if such payment or distribution is made as a result of the gross negligence or willful misconduct of the TrusteeXIII.

Trustee Not Fiduciary for Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 3XIII, and no implicit 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 and shall not be liable to any such holder if it shall pay over or distribute in good faith to or on behalf of holders Holders of Notes Securities or the Company moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 3 or otherwise, except if such payment or distribution is made as a result of the gross negligence or willful misconduct of the Trustee.XIII. 50