Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 14 contracts
Samples: Indenture (CBRL Group Inc), Indenture (Anixter International Inc), Indenture (Vishay Intertechnology Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.12 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.20 as the Trustee.
Appears in 10 contracts
Samples: Indenture (Healthsouth Corp), Indenture (Symantec Corp), Indenture (Symantec Corp)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.16 as the Trustee.
Appears in 8 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Supervalu Inc), Indenture (Cendant Corp)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.12 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.17 as the Trustee.
Appears in 7 contracts
Samples: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 as the Trustee.
Appears in 5 contracts
Samples: Exibit 4 (Mesa Air Group Inc), Rights Agreement (Dri I Inc), Western Wireless Corp
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the CompanyIssuer's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 4 contracts
Samples: Indenture (Starwood Hotels & Resorts), Enron Corp/Or/, Starwood Hotel & Resorts Worldwide Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 13 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 1314 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1113. Each Paying Agent and Conversion Agent shall have the same protection under this Section 11.16 1316 as the Trustee.
Appears in 4 contracts
Samples: Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Eleventh Supplemental Indenture (Royal Caribbean Cruises LTD), Tenth Supplemental Indenture (Royal Caribbean Cruises LTD)
Trustee's Adjustment Disclaimer. The Trustee has no ---------------------------------------------- duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 3 contracts
Samples: Indenture (Marriott International Inc /Md/), Danaher Corp /De/, Kohls Corporation
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 hereof need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 as the Trustee.
Appears in 3 contracts
Samples: Indenture (Selective Insurance Group Inc), Indenture (RPM International Inc/De/), Indenture (Horace Mann Educators Corp /De/)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1110. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 10.17 as the Trustee.
Appears in 2 contracts
Samples: Apex Silver Mines LTD, Indenture (Stmicroelectronics Nv)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 11.08 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 11.11 as the Trustee.
Appears in 2 contracts
Samples: Indenture (Wright Medical Group Inc), Wright Medical Group Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 X should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.09 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 11. X. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 10.11 as the Trustee.
Appears in 2 contracts
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 12 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 12.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesConvertible Subordinated Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 1112. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 12.16 as the Trustee.
Appears in 2 contracts
Samples: School Specialty (School Specialty Inc), Cke Restaurants Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 2 contracts
Samples: Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.12 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.20 as the Trustee.
Appears in 2 contracts
Samples: Millennium Pharmaceuticals Inc, Sun Microsystems, Inc.
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 X should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. X. Each Conversion Agent shall have the same protection under this Section 11.16 10.16 as the Trustee.
Appears in 2 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.12 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.19 as the Trustee.
Appears in 2 contracts
Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 11.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 11.17 as the Trustee.
Appears in 2 contracts
Samples: Countrywide Home Loans Inc, Countrywide Financial Corp
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 11.19 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent and Paying Agent shall have the same protection under this Section 11.16 11.21 as the Trustee.
Appears in 1 contract
Samples: Section Indenture (Allergan Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.07 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.14 as the Trustee.
Appears in 1 contract
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 9 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 9.17 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 119. Each Conversion Agent shall have the same protection under this Section 11.16 9.19 as the Trustee.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 1110. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 10.17 as the Trustee.
Appears in 1 contract
Samples: Indenture (Apex Silver Mines LTD)
Trustee's Adjustment Disclaimer. The Trustee has ------------------------------- no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 X should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. X. Each Conversion Agent shall have the same protection under this Section 11.16 10.17 as the Trustee.
Appears in 1 contract
Samples: Indenture (Manpower Inc /Wi/)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 X should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. X. Each Conversion Agent shall have the same protection under this Section 11.16 10.17 as the Trustee. All calculations required under Article X shall be performed by the Company, with notice thereof to the Trustee.
Appears in 1 contract
Samples: Cendant Corp
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 7 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 7.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's failure to comply with this Article 117. Each Conversion Agent shall have the same protection under this Section 11.16 7.16 as the Trustee.
Appears in 1 contract
Samples: Aol Time Warner Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 7 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 7.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for either the Company's or AOL Time Warner's failure to comply with this Article 117. Each Conversion Agent shall have the same protection under this Section 11.16 7.16 as the Trustee.
Appears in 1 contract
Samples: Aol Time Warner Inc
Trustee's Adjustment Disclaimer. The Trustee has no ------------------------------ duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.16 as the Trustee.
Appears in 1 contract
Samples: Tyco International LTD /Ber/
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 13 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 13.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1113. Each Conversion Agent shall have the same protection under this Section 11.16 13.16 as the Trustee.
Appears in 1 contract
Samples: Indenture (Avon Products Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 XVI should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 9.01 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11XVI. Each Conversion Agent shall have the same protection under this Section 11.16 16.17 as the Trustee.
Appears in 1 contract
Samples: Xerox Corp
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no 49 56 duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Novellus Systems Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s or Alltel’s failure to comply with this Article 11. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Supplemental Indenture (Alltel Corp)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Health Management Associates Inc
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's Issuers' failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Indenture (Jones Apparel Group Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or ----- whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11 11. Each Conversion Agent shall have the same protection under this -- Section 11.16 as the Trustee.. -----
Appears in 1 contract
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 X should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.15 need be entered into or whether any provisions of any supplemental indenture in- denture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. X. Each Conversion Agent shall have the same protection under this Section 11.16 10.17 as the Trustee.
Appears in 1 contract
Samples: Xl Capital LTD
Trustee's Adjustment Disclaimer. The Trustee has no ------------------------------- duty to determine when an adjustment under this Article 11 10 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 10.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued delivered upon conversion of Securities. The Trustee shall not be responsible for the Company's or Tyco's failure to comply with this Article 1110. Each Conversion Agent shall have the same protection under this Section 11.16 10.16 as the Trustee.
Appears in 1 contract
Samples: Tyco International LTD /Ber/
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 12 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 12.14 hereof need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 1112. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 11.16 12.16 as the Trustee.
Appears in 1 contract
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued delivered upon conversion exchange of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Exchange Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Eaton Vance Corp
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 IX should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 9.15 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securitiesthe 2007 Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 11IX. Each Conversion Agent shall have the same protection under this Section 11.16 9.17 as the Trustee. All calculations required under Article IX shall be performed by the Company, with notice thereof to the Trustee.
Appears in 1 contract
Samples: Supplemental Indenture (Mirant Corp)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 Eleven should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 11Eleven. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Indenture (Wickes Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are 58 65 correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract
Samples: Indenture (Allergan Inc)
Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 11 should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 11.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for and makes no representation as to the validity or value of any securities or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's failure to comply with this Article 11. Each Conversion Agent shall have the same protection under this Section 11.16 as the Trustee.
Appears in 1 contract