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 XII 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 12.15 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 XII. Each Conversion Agent shall have the same protection under this Section 12.17 as the Trustee.

Appears in 1 contract

Samples: Xl Capital LTD

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Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XII 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 12.15 12.17 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 SecuritiesNotes. The Trustee shall not be responsible for either the Company's ’s or Guarantor’s failure to comply with this Article XII. Each Conversion Agent shall have the same protection under this Section 12.17 12.19 as the Trustee.

Appears in 1 contract

Samples: Indenture (Bunge LTD)

Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XII 5 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 12.15 5.14 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 notes or assets issued upon conversion of SecuritiesNotes. The Trustee shall not be responsible for the Company's failure to comply with this Article XII5. Each Conversion Agent shall have the same protection under this Section 12.17 5.16 as the Trustee.

Appears in 1 contract

Samples: Supplemental Indenture (Avaya Inc)

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Trustee's Adjustment Disclaimer. The Trustee has no duty to determine when an adjustment under this Article XII XI 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 12.15 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 XIIXI. Each Conversion Agent (other than the Company or an Affiliate of the Company) shall have the same protection under this Section 12.17 11.16 as the Trustee.

Appears in 1 contract

Samples: Brightpoint Inc

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