Common use of Trustee Not Responsible for Recitals Clause in Contracts

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 15 contracts

Samples: Indenture (Abn Amro Bank Nv), Senior Indenture (Alliance Capital Management L P), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)

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Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerCompany, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer Company of any of the Securities or of the proceeds thereof.

Appears in 6 contracts

Samples: Indenture (Zd Inc), Indenture (Health Management Associates Inc), Indenture (Omnicom Group Inc)

Trustee Not Responsible for Recitals. Disposition of Debt Securities or Application of Proceeds Thereof. The recitals contained herein and in the Debt Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsDebt Securities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Debt Securities or of the proceeds thereof.

Appears in 4 contracts

Samples: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or Indenture, of the Securities or Couponsof any prospectus used to sell the Securities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 4 contracts

Samples: Senior Indenture (York International Corp /De/), Senior Indenture (York International Corp /De/), Senior Subordinated Indenture (Seagull Energy Corp)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerIssuer or the Guarantor, as the case may be, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 3 contracts

Samples: Subordinated Indenture (Abn Amro Bank Nv), Indenture (Abn Amro Bank Nv), Senior Indenture (Abn Amro Bank Nv)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerIssuer and the Guarantor, as applicable, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Sysco Corp)

Trustee Not Responsible for Recitals. Disposition of Of Securities or Or Application of Of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Exelon Corp)

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Trustee Not Responsible for Recitals. Disposition of Of Securities or Or Application of Of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Commonwealth Edison Co)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the SecuritiesSecurities or Coupons, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation representations as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity validity, sufficiency or sufficiency priority of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Science Applications International Corp)

Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof------------------------------------------------------ Proceeds. The recitals contained herein and in the Securities (other than the -------- certificate of authentication on the Securities, except the Trustee's certificates of authentication, ) shall be taken as the statements of the IssuerCompany, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation representations as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer Company of any of the Securities or of the proceeds thereof.

Appears in 1 contract

Samples: Senior Indenture (Exodus Communications Inc)

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