Common use of Trustee's Adjustment Disclaimer Clause in Contracts

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 (Vishay Intertechnology Inc), Indenture (Bergen Brunswig Corp), Indenture (Triarc Companies Inc)

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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 (Callaway Golf Co), Indenture (Callaway Golf Co)

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 (Laboratory Corp of America Holdings), 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: Indenture (Mesa Air Group Inc), Indenture (Dri I Inc), Indenture (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 Hotel & Resorts Worldwide Inc), Indenture (Starwood Hotel & Resorts Worldwide Inc), Indenture (Starwood Hotels & Resorts)

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 (Horace Mann Educators Corp /De/), Indenture (RPM International Inc/De/), Indenture (Selective Insurance 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. 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/), Indenture (Danaher Corp /De/), Indenture (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 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 10.15 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: Indenture (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 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 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

Samples: Indenture (Expressjet Holdings Inc), Indenture (Expressjet Holdings 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 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: Indenture (Millennium Pharmaceuticals Inc), Indenture (Sun Microsystems, 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: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial 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 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), Indenture (Wright Medical 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

Samples: Indenture (Health Management Associates Inc)

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 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: 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

Samples: Indenture (Valassis Communications Inc)

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 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: Indenture (Novellus Systems Inc)

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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: Indenture (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 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 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: Indenture (Xerox Corp)

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 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 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: Supplemental Indenture (Aol Time Warner 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 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: Indenture (Eaton Vance 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: Supplemental Indenture (Aol Time Warner Inc)

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: First Supplemental Indenture (Mirant 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 10.07 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

Samples: First Supplemental Indenture (Covanta Holding 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 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 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

Samples: Indenture (Valassis Communications Inc)

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