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 3 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 314 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 Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 3. Each Conversion Agent shall have the same protection under this Section 316 as the Trustee.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Cox Communications Inc /De/), Fourth Supplemental Indenture (Cox Communications Inc /De/)

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Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 3 IV 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 314 4.8 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 Convertible Notes. The Trustee shall not be responsible for the Company's ’s failure to comply with this Article 3IV. Each Conversion Agent shall have the same protection under this Section 316 as the Trustee.this

Appears in 2 contracts

Samples: Second Supplemental Trust Indenture (Capital Automotive Reit), Second Supplemental Trust Indenture (Capital Automotive Reit)

Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 3 III 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 314 3.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for for, and makes no representation as to to, the validity or value of any securities or assets issued upon conversion of Series 3 1/4% Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 3III. Each Conversion Agent shall have the same protection under this Section 316 3.16 as the Trustee.

Appears in 1 contract

Samples: Third Supplemental Indenture (Sirius Satellite Radio Inc)

Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 3 III 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 314 3.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for for, and makes no representation as to to, the validity or value of any securities or assets issued upon conversion of Series 2 1/2% Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 3III. Each Conversion Agent shall have the same protection under this Section 316 3.16 as the Trustee.

Appears in 1 contract

Samples: Second Supplemental Indenture (Sirius Satellite Radio Inc)

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Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 3 Four 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 314 1714 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 Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 3Four. Each Conversion Agent shall have the same protection under this Section 316 1716 as the Trustee.

Appears in 1 contract

Samples: First Supplemental Indenture (Sonic Automotive Inc)

Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article 3 III 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 314 3.14 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee shall not be accountable for for, and makes no representation as to to, the validity or value of any securities or assets issued upon conversion of Series 3 1/2% Notes. The Trustee shall not be responsible for the Company's failure to comply with this Article 3III. Each Conversion Agent shall have the same protection under this Section 316 3.16 as the Trustee.

Appears in 1 contract

Samples: First Supplemental Indenture (Sirius Satellite Radio Inc)

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