Common use of Trustee Not Liable for Recitals in Indenture or in Debt Securities Clause in Contracts

Trustee Not Liable for Recitals in Indenture or in Debt Securities. The recitals contained herein and in the Debt Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Company and the Parent, and the Trustee makes no representation as to and assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Debt Securities of any series, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Debt Securities and perform its obligations hereunder, and that the statements made by it or to be made by it in a Statement of Eligibility on Form T-1 supplied to the Company and the Parent are true and accurate. The Trustee shall not be accountable for the use or application by the Issuer or any Guarantor of any of the Debt Securities or of the proceeds thereof or any money paid to the Issuer or any Guarantor or upon the Issuer’s or any Guarantor’s direction under any provision of this Indenture, and shall not be responsible for the use or application of any money received by any Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Issuer or any Guarantor. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Debt Securities. The Trustee shall have no obligation to pursue any action that is not in accordance with applicable law. The Trustee makes no representation as to and shall not be responsible for or any statement in any document in connection with the sale of any of the Debt Securities.

Trustee Not Liable for Recitals in Indenture or in Debt Securities. The recitals contained herein and herein, in the Debt Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Company and the ParentCompany, and the Trustee makes no representation as to and assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Debt Securities of any series, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Debt Securities and perform its obligations hereunder, and that the statements made by it or to be made by it in a Statement of Eligibility on Form T-1 supplied to the Company and the Parent are true and accurate. The Trustee shall not be accountable for the use or application by the Issuer or any Guarantor Company of any of the Debt Securities or of the proceeds thereof or any money paid to the Issuer or any Guarantor Company or upon the Issuer’s or any GuarantorCompany’s direction under any provision of this Indenture, and shall not be responsible for the use or application of any money received by any Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Issuer or any GuarantorCompany. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Debt Securities. The Trustee shall have no obligation to pursue any action that is not in accordance with applicable law. The Trustee makes no representation as to and shall not be responsible for or any statement in any document in connection with the sale of any of the Debt Securities.

Trustee Not Liable for Recitals in Indenture or in Debt Securities. The recitals contained herein and herein, in the Debt Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Company and the ParentCompany, and the Trustee makes no representation as to and assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Debt Securities of any series, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Debt Securities and perform its obligations hereunder, and that the statements made by it or to be made by it in a Statement of Eligibility on Form T-1 supplied to the Company and the Parent are true and accurate. The Trustee shall not be accountable for the use or application by the Issuer or any Guarantor Company of any of the Debt Securities or of the proceeds thereof or any money paid to the Issuer or any Guarantor Company or upon the Issuer’s or any GuarantorCompany’s direction under any provision of this Indenture, and . The Trustee shall not be responsible for the use or application of any money received by any Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Issuer Company or any Guarantorthe Subsidiary Guarantors. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Debt SecuritiesSecurities or the Guarantees. The Trustee shall have no obligation to pursue any action that is not in accordance with applicable law. The Trustee makes no representation as to and shall not be responsible for any statement or recital herein or any statement in any document in connection with the sale of the Debt Securities. The Trustee shall not be responsible for and makes no representation as to any act or omission of any rating agency or any rating with respect to the Debt Securities. The Trustee shall have no obligation to independently determine or verify if any event has occurred or notify the Holders of any event dependent upon the rating of the Debt Securities, or if the rating on the Debt Securities has been changed, suspended or withdrawn by any rating agency.

Trustee Not Liable for Recitals in Indenture or in Debt Securities. The recitals contained herein and in the Debt Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Company and the ParentCompany, and the Trustee makes no representation as to and assumes no responsibility for the correctness of the same. The Trustee makes no representations as to and shall not be responsible for the validity or sufficiency of this Indenture or of the Debt Securities of any series, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Debt Securities and perform its obligations hereunder, and that the statements made by it or to be made by it in a Statement of Eligibility on Form T-1 supplied to the Company and the Parent are true and accurate. The Trustee shall not be accountable for the use or application by the Issuer or any Guarantor Company of any of the Debt Securities or of the proceeds thereof or any money paid to the Issuer or any Guarantor Company or upon the Issuer’s or any GuarantorCompany’s direction under any provision of this Indenture, and shall not be responsible for the use or application of any money received by any Agent other than the Trustee. The Trustee shall not be bound to ascertain or inquire as to the performance, observance, or breach of any covenants, conditions, representations, warranties or agreements on the part of the Issuer or any GuarantorCompany. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Debt Securities. The Trustee shall have no obligation to pursue any action that is not in accordance with applicable law. The Trustee makes no representation as to and shall not be responsible for or any statement in any document in connection with the sale of any of the Debt Securities.