Common use of Trustee’s Disclaimer Clause in Contracts

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 69 contracts

Samples: Indenture (Pra Group Inc), Indenture (Credit Acceptance Corp), Fifth Supplemental Indenture (Southwest Gas Corp)

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Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 56 contracts

Samples: Indenture (Enova International, Inc.), Indenture (Enova International, Inc.), Indenture (Ipalco Enterprises, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 50 contracts

Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream LP), Indenture (Hess Midstream LP)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 49 contracts

Samples: Indenture (Jsce Inc), Indenture (Stone Container Corp), Indenture (Stone Container Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 48 contracts

Samples: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.), Indenture (TexCal Energy (LP) LLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 46 contracts

Samples: Indenture (Huntsman Advanced Materials (UK) LTD), Indenture (Huntsman Polymers Corp), Indenture (Huntsman LLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 44 contracts

Samples: Indenture (Viasat Inc), Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 43 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Indenture (Omega Healthcare Investors Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Trust Estate or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 37 contracts

Samples: Indenture (WFS Financial 2005-3 Owner Trust), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial 1997-B Owner Trust)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 36 contracts

Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Nineteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 33 contracts

Samples: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of its authentication.

Appears in 33 contracts

Samples: Senior Notes Indenture (Iron Mountain Inc), Indenture (American Airlines, Inc.), Indenture (Global Crossing Airlines Group Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 29 contracts

Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co), Indenture (Molson Coors Brewing Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 23 contracts

Samples: Indenture (Bungeltd), Indenture (Bungeltd), Indenture Agreement (Bunge Limited Finance Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the Notes or the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued or offering circular (or similar document) used in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication or for the use or application of any funds received by any Paying Agent other than the Trustee.

Appears in 21 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp), Indenture (Prospect Capital Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Guarantee, it shall not be accountable for the CompanyIssuer’s or any Guarantor’s use of the proceeds from the Notes, sale of Notes or any money paid to the Issuer or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 18 contracts

Samples: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer or any other Person in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 15 contracts

Samples: Indenture (Alcoa Corp), Indenture (Forestar Group Inc.), Indenture (Alcoa Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 14 contracts

Samples: Indenture (Universal Compression Holdings Inc), Indenture (Power Ten), Indenture (National Vision Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 14 contracts

Samples: Indenture (Davita Inc.), Indenture (Davita Inc.), Indenture (Davita Healthcare Partners Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 14 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any other document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication executed by the Trustee.

Appears in 14 contracts

Samples: Indenture (Energizer Holdings, Inc.), Indenture (Crocs, Inc.), Indenture (Energizer Holdings, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, Notes and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Notes, other than the Trustee’s 's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.

Appears in 14 contracts

Samples: Indenture (Mmi Products Inc), Indenture (Neenah Foundry Co), Indenture (NPR Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of Notes (including, without limitation, the Notes Offering Memorandum) or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture or the Notes.

Appears in 14 contracts

Samples: Indenture (JBS S.A.), Indenture (JBS S.A.), Indenture (JBS Holding Luxembourg S.A R.L.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this the Indenture or in any document issued in connection with the sale of the Notes or statement in the Notes other than its authentication or for compliance by the Trustee’s certificate of authenticationCompany with the Registration Rights Agreement.

Appears in 13 contracts

Samples: Indenture (NTL Delaware Inc), Bridge Loan Agreement (NTL Inc /De/), Indenture (Akamai Technologies Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 13 contracts

Samples: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes recital herein or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 12 contracts

Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 11 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture, Indenture (Amc Entertainment Holdings, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 11 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Basic Documents, the Trust Estate, the Collateral or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 11 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no -------------------- representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Indenture (TVN Entertainment Corp), Indenture (Itc Deltacom Inc), Indenture (Loudcloud Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Indenture (Lamar Advertising Co), Indenture (Park Ohio Industries Inc), Indenture (Cole National Corp /De/)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Indenture (Esterline Technologies Corp), Indenture (Armor Holdings Inc), Indenture (Homeplex Mortgage Investments Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it . It shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of the Notes and it shall not be responsible for any statement (i) in the Notes, other than its certificate of the Company in this Indenture authentication, or (ii) in any document issued prospectus used in connection with the sale of the Notes or in the Notes Notes, other than statements provided in writing by the Trustee’s certificate of authenticationTrustee for use in such prospectus.

Appears in 8 contracts

Samples: Indenture Agreement (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance I Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the NotesGuarantees, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture Indenture, or in any document issued in connection with the sale of the Notes or statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Webcraft LLC), Indenture (Vertis Inc), Indenture (Webcraft LLC)

Trustee’s Disclaimer. The Neither the Trustee nor any Agent shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, sale of Notes or any money paid to the Issuer pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture Indenture, in the Notes, or in any document issued executed in connection with the sale of the Notes or in the Notes Notes, other than those set forth in the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Spectrasite Holdings Inc), Indenture (American Seafoods Corp), Indenture (Spectrasite Holdings Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Gaylord Container Corp /De/), Indenture (Gaylord Container Corp /De/), Indenture (Medianews Group Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate certification of its authentication.

Appears in 7 contracts

Samples: Supplemental Indenture (Alere Inc.), Sixteenth Supplemental Indenture (Alere Inc.), Fifteenth Supplemental Indenture (Alere Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use uses of the proceeds from the Notes, and it shall not be responsible for any statement of the Company or the Guarantors in this Indenture Indenture, in the Notes or in any document issued executed in connection with the sale of the Notes or in the Notes Notes, other than those set forth in the Trustee’s certificate of authentication. The recitals contained herein and in the Notes shall be taken as the statements of the Company and the Guarantors, and the Trustee assumes no responsibility or liability for their correctness.

Appears in 7 contracts

Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Valvoline Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it . The Trustee shall not be accountable for the Company’s use of the proceeds from the Notes, Notes and it shall not be responsible for any statement in any registration statement for the Notes filed with the SEC under the Securities Act (other than any Statement of the Company Eligibility on Form T-1) or in this Indenture (other than its eligibility under Section 7.10) or in any document issued in connection with the sale of the Notes or in the Notes (other than the Trustee’s its certificate of authentication).

Appears in 7 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Aecom)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture Indenture, any offering materials or the Notes, it shall ; (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, ; and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Natura &Co Holding S.A.), Indenture (Cosan Ltd.), Indenture (Cosan Ltd.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (ii) is not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Sun Microsystems, Inc.), Indenture (Ipalco Enterprises Inc), Debt Registration Rights Agreement (Choice One Communications Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Amo Holdings LLC), Indenture (Prime Foods Development Corp), Indenture (Activant Solutions Inc /De/)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 6 contracts

Samples: Indenture (Nortek Holdings Inc), Indenture (Ply Gem Industries Inc), Indenture (Inverness Medical Innovations Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder.

Appears in 6 contracts

Samples: Indenture (VM Holding S.A.), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)

Trustee’s Disclaimer. The Trustee (i) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use of the proceeds from the NotesNotes (iii) shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it (iv) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Powertel Inc /De/), Indenture (American Trans Air Execujet Inc), Indenture (American Trans Air Execujet Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv), Indenture (Iusacell S a De C V)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes, and it shall not be responsible for any statement of in the Company in this Indenture or in any document issued in connection with the sale of offering memorandum for the Notes or in the Indenture or the Notes (other than the Trustee’s its certificate of authentication), the acts of a prior Trustee hereunder, or the determination as to which beneficial owners are entitled to receive any notices hereunder.

Appears in 6 contracts

Samples: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Subsidiary Guarantee or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Verisign Inc/Ca), Indenture (MSCI Inc.), Indenture (MSCI Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes. Further, it the Trustee shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not nor be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)

Trustee’s Disclaimer. The Trustee shall (i) is not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall (ii) will not be accountable for the Company’s use of the proceeds from the Notes, and it shall (iii) will not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Indenture, other than the Trustee’s certificate of authentication, or in any document used in the sale of the Notes, other than statements, if any, provided in writing by the Trustee for use in such a document.

Appears in 5 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the Notes or the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authenticationauthentication or for the use or application of any funds received by any Paying Agent other than the Trustee.

Appears in 5 contracts

Samples: Indenture (Columbus Energy Corp), Indenture (Tango of Arundel, Inc.), Indenture (Halliburton Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 5 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s ' use of the proceeds from the Notes, and it shall not be responsible for any statement of in the Company in this Indenture or in any document issued in connection with the sale of offering memorandum for the Notes or in the Indenture or the Notes (other than the Trustee’s its certificate of authentication), the acts of a prior Trustee hereunder, or the determination as to which beneficial owners are entitled to receive any notices hereunder.

Appears in 5 contracts

Samples: Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication. The recitals contained herein are statements of the Company.

Appears in 5 contracts

Samples: Indenture (Landrys Restaurants Inc), Indenture (Hhgregg, Inc.), Indenture (Landrys Restaurants Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any recitals therein, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document entered into or issued in connection with the issuance and sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Kci New Technologies Inc), Indenture (3003969 Nova Scotia LTD), Indenture (Atc Group Services Inc /De/)

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Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Guarantee, it shall not be accountable for the Company’s 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, any Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Collateral Documents or the Notes, Notes and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Notes, other than the Trustee’s 's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.

Appears in 5 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of its authentication.

Appears in 5 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Standard Commercial Corp), Indenture (Coinmach Service Corp), Indenture (Huntsman Petrochemical Finance Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any other document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication executed by the Trustee.

Appears in 5 contracts

Samples: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Guarantee, it shall not be accountable for the Company’s or any Guarantor’s use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (Language Line Costa Rica, LLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Basic Documents, the Trust Estate, the Collateral or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation representations as to the validity or adequacy sufficiency of this Indenture or of the Notes, it shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Prime Succession Inc), Indenture (Rose Hills Co), Indenture (Telegroup Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes, sale of Notes or any money paid to the Issuers pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Business Sound Inc), Indenture (Muzak Finance Corp), Indenture (Muzak Finance Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder, (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate its Certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, and it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Caterair International Inc /Ii/), Indenture (Standard Commercial Corp), Indenture (Mobile Field Office Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any recitals therein, it shall not be accountable for the Company’s use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Subsidiary Guarantee or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer or any Guarantor in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Western Digital Corp), Indenture (Western Digital Corp), Indenture

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from of the Notes, Notes and it shall not be responsible for any statement of contained herein or any statement contained in the Company in this Indenture Notes or in any other document issued in connection with the sale of the Notes or in the Notes pursuant to this Indenture other than the Trustee’s certificate 's certificates of authentication.

Appears in 4 contracts

Samples: Indenture (Goss Holdings Inc), Indenture (Goss Holdings Inc), Indenture (Nations Title Co Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuers or any other Person in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.), Indenture (Alliance Resource Partners Lp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Guarantee, it shall not be accountable for the Company’s 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Fairfield Manufacturing Co Inc), Indenture (Morris Material Handling Inc), Indenture (Aircraft Service International Inc)

Trustee’s Disclaimer. The Neither the Trustee nor any Agent shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Grupo Aeromexico, S.A.B. De C.V.), Indenture (Azul Sa), Indenture (Azul Sa)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the NotesNotes or any money paid to the Company or upon the Company's direction under any provision hereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and it shall not be responsible for any statement of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Notes or statement in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Metrocall Inc), Indenture (Trinity Marine Products, Inc.), Indenture (Westinghouse Air Brake Technologies Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Trust Estate or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Americredit Corp), Indenture (Franklin Receivables Auto Trust 2003-1), Indenture (Franklin Auto Trust 2004-2)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in this Indenture Notes or in any document issued used in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Pierce Leahy Corp), Indenture (Pierce Leahy Corp), Indenture (Pierce Leahy Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the NotesGuarantees, it shall not be accountable for the Company’s Co-Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Co-Issuers in this Indenture Indenture, the Guarantees or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 4 contracts

Samples: Indenture (Navios South American Logistics Inc.), Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime Holdings Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, ; it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in this Indenture Notes or in any document issued used in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Petro Stopping Centers L P), Indenture (Petro Financial Corp), Indenture (Petro Holdings Financial Corp)

Trustee’s Disclaimer. The Trustee shall (i) is not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall (ii) will not be accountable for the Company’s use of the proceeds from the Notes, and it shall (iii) will not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Indenture, other than the Trustee’s certificate of authentication, or in any document used in the sale of the Notes, other than statements, if any, provided in writing by the Trustee for use in such a prospectus.

Appears in 4 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Guarantee, it shall not be accountable for the Company’s Issuers' or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Issuers or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Target Directories of Michigan Inc), Indenture (Transwestern Holdings Lp), Indenture (Ashton Houston Residential L.L.C.)

Trustee’s Disclaimer. The Trustee shall not be responsible for for, and makes no representation as to the validity or adequacy of of, this Indenture Indenture, the Trust Estate or the Notes, it ; shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, ; and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Reliance Acceptance Group Inc), Indenture (Paragon Auto Receivables Corp), Indenture (Paragon Auto Receivables Corp)

Trustee’s Disclaimer. The Trustee shall not be -------------------- responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Global Imaging Systems Inc), Indenture (Iron Age Corp), Indenture (BGF Industries Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture Indenture, of the Notes or any Common Stock underlying the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it the Parent Guarantee or the Subsidiary Guarantees, (ii) shall not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of in the Company in this Indenture Offering Circular or in any document issued in connection with the sale of the Notes Indenture or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (ii) is not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Keystone Marketing Services Inc), Indenture (McDermott International Inc), Indenture (Playboy Enterprises Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Antenna Tv Sa), Indenture (International Shipholding Corp), Indenture (International Shipholding Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication. The Trustee shall not be responsible for any conduct or omission by the Company or the occurrence of any Event of Default.

Appears in 3 contracts

Samples: Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc), Indenture (Cincinnati Bell Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes, Notes and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notessale of Notes or any money paid to the Company or upon the Company's direction pursuant to the terms of this Indenture, it shall not be responsible for the use or application of money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (MWC Acquisition Sub Inc), Indenture (Hayes Wheels International Inc), Indenture (Hayes Lemmerz International Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, Notes or Note Guarantees; it shall not be accountable for the Company’s use of the proceeds from the Notes, ; and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Note Guarantee, it shall not be accountable for the Company’s 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Note Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Imc Global Inc), Indenture (Imc Global Inc), Indenture (Imc Global Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Guarantee, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer or the Guarantor in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Guarantee or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement or recital of the Company Issuer or any Subsidiary Guarantor in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Purchase Agreement (GeoEye, Inc.), Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the offering documents relating to the Notes, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

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