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 or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any related offering material or the Notes or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or herein, any statement in the Notes Notes, the Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture or the legality or validity of the Notes or this Indenture other than its certificate of authentication.

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 or any security for the payment of the Notes, and it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer’s or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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

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 or any security for the payment of the Convertible Subordinated Notes, it . It shall not be accountable for the Company’s 's use of the proceeds from the Convertible Subordinated Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, it . 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 or recital herein or any statement in the Convertible Subordinated Notes or any other document in connection with the sale of the Convertible Subordinated Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesGuarantees, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company an Issuer or upon the Companyan Issuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no or make any representation as to the validity or adequacy of this Indenture or the Notes or any security for the payment of the Notes, it and shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it neither 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authenticationauthentication on the Notes.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes or (including any security for the payment of the NotesGuarantee), it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction discretion under any provision of this Indenture, 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 will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 Agreements or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, the Collateral Agreements or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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 or any security for the payment of the Convertible Notes, it . It shall not be accountable for the Company’s use of the proceeds from the Convertible Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it . 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 or recital herein or any statement in the Convertible Notes or any other document in connection with the sale of the Convertible Notes or pursuant to this Indenture other than its certificate of authentication.

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 Indenture, the Notes or any security for the payment of the NotesGuarantees, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company an Issuer or upon the Companyan Issuer’s direction under any provision of this the Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this the Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, sufficiency, effectiveness, correctness or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesNote Guarantee, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 Indenture, the Notes, the Note Guaranties or any security for the payment of the Notesother Note Document, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company an Issuer or upon the Companyan Issuer’s direction under any provision of this the Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this the Indenture other than its certificate of authentication.

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

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 Security Documents or the Notes or any as to the adequacy of the security for the payment of the Notes, it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers' direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the NotesGuarantees, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or in the Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Notes.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes Notes, or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Notes or the Subsidiary Guarantees.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company or upon the Company’s direction pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes (including without limitation any preliminary or pursuant to this Indenture final offering circular) or in the Notes other than its the Trustee’s certificate of authentication.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity validity, adequacy or adequacy enforceability of this Indenture or the Notes or any security for the payment of the Notes, it shall not be liable for the acts or omissions of the Issuers or accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. The Trustee shall not be liable in its individual capacity for the Obligations evidenced by the Notes or this Indenture.

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 Note Guarantees or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee and the Agents shall not be responsible for and makes make no representation as to the validity validity, effectiveness, correctness or adequacy of this Indenture, the offering materials related to this Indenture or the Notes or any security for the payment of the Notes, ; it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein of the Company, or any document issued in connection with the sale of Notes or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authentication.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesCollateral Agreements, and it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication, and it assumes no responsibility for their correctness.

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 Offering Memorandum, the Purchase Agreement, the Guarantees or the Notes or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee 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 Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company or upon the Company’s direction pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes (including without limitation any preliminary or pursuant to this Indenture final offering memorandum) or in the Notes other than its the Trustee’s certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Issuers pursuant to the terms of this Indenture or the other Notes Documents and it shall not be responsible for any statement or recital herein or any statement of the Issuers in this Indenture, the Notes Documents or in any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.

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 Security Documents, the Intercreditor Agreements or the Notes or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or therein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture or such other documents other than its certificate of authentication.

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 or any security for the payment of the Notes, and it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company Company’s or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 related offering material or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or herein, any statement in the Notes Notes, the Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture or the legality or validity of the Notes or this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of the Offering Memorandum, this Indenture or Indenture, the Notes or any security for the payment of the Notes, it Guarantee. It shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, it . 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 or recital in any offering materials, herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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, the Note Guarantees or the Notes or any security for the payment of the NotesCollateral Documents, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication and such statements and recitals shall be taken as those of the Company.

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 or any security for the payment of the NotesGuarantee, it shall not be accountable for the CompanyIssuer’s or any Guarantor’s use of the proceeds from the sale of Notes or any money paid to the Company Issuer or upon any Guarantor pursuant to the Company’s direction under any provision terms of this Indenture, Indenture and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it . The Trustee shall not be responsible for any statement or recital herein or any statement in the Notes Notes, Note Guarantee, this Indenture or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the Secured Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Secured Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, 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 or recital herein or any statement in the Secured Notes or any other document in connection with the sale of the Secured Notes or pursuant to this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesSubsidiary Guarantees, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or in any certificate delivered pursuant hereto or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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

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, the Collateral Documents, or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company or upon the Company’s direction pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes (including without limitation any preliminary or pursuant to this Indenture final offering circular) or in the Notes other than its the Trustee’s certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this the Indenture or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or any Guarantor or upon the Company’s 's or such Guarantor's direction under any provision of this Indenturehereof, 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 or recital herein or any statement in the Notes or any other document documents in connection with the sale of the Notes or pursuant to this Indenture the Indenture, other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes, the Note Guarantees, the Security Documents or the Notes or any security for the payment of the NotesCollateral, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Offering Memorandum, the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. The Trustee shall have no responsibility for any act or omission of the Collateral Trustee.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity validity, sufficiency or adequacy of this Indenture or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. Except as provided in Section 4.04, the Trustee will have no duty to ascertain or inquire as to the performance of the Company’s covenants under Article 4 hereof or otherwise established by the terms of the Notes.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Guarantees, the Notes or any security for the payment of the NotesCollateral Documents, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company or upon the Company’s direction pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes (including without limitation any preliminary or pursuant to this Indenture final offering circular) or in the Notes other than its the Trustee’s certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesGuarantees, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company an Issuer or upon the Companyan Issuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.. Back to Contents

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

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

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 Security Documents or the Notes or any security for the payment of the Notes, and it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer’s or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes Notes, the Security Documents or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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

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

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 or any security for the payment of the Notes, ; it shall not be accountable for the Company’s 's use of the proceeds from the Notes or for any money paid to the Company or upon the Company’s 's direction under any provision provisions of this Indenture, ; it shall not be responsible for the use or application of any money received by that any Paying Agent other than the TrusteeTrustee receives; and, and it shall not be responsible for any statement or recital herein in this Indenture or any statement in the Notes or any other document executed in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the NotesNote Guarantee, it shall not be accountable for the CompanyIssuers’ or any Guarantor’s use of the proceeds from the sale of Notes or any money paid to the Company Issuers or upon any Guarantor pursuant to the Company’s direction under any provision terms of this Indenture, Indenture and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it . The Trustee shall not be responsible for any statement or recital herein or any statement in the Notes Notes, any Note Guarantee, this Indenture or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the CompanyOperating Partnership’s use of the proceeds from the Notes or any money paid to the Company Operating Partnership or upon the CompanyOperating Partnership’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the Notes, it Security Documents. It shall not be accountable for the Company’s 's use or application of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this IndentureIndenture or the Security Documents, 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 or recital herein or any statement in the Notes or the Security Documents or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the Notes, Prospectus; it shall not be accountable for the Company’s 's use of the proceeds from the Notes or for any money paid to the Company or upon the Company’s 's direction under any provision provisions of this Indenture, ; it shall not be responsible for the use or application of any money received by that any Paying Agent other than the TrusteeTrustee receives; and, and it shall not be responsible for any statement or recital herein in this Indenture or 65 -58- any statement in the Notes or any other document executed in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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, the Collateral Documents or the Notes (or any security for the payment of the Notesguarantees thereof), it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for the payment of the NotesSecurity Documents, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction of the Company under any provision of this IndentureIndenture or of the Security Agreement, 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 or recital herein or any statement in the Notes or any other document furnished or issued in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no or make any representation as to the validity or adequacy of this Indenture or the Notes or any security for the payment of the Notes, it and shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, it and 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authenticationauthentication on the Notes.

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

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

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

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 or any security for the payment of Indenture, the Notes, the Collateral Documents, the Collateral Cooperation Agreement or the Intercreditor Agreements and it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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 Security Documents or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes Notes, the Security Documents or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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 Note Guarantees, the Security Documents or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee 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 Issuers in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.

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

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, or the Collateral Documents, 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 or recital herein or any statement in the Notes Notes, the Collateral Documents or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes make no representation as to the validity validity, effectiveness, correctness or adequacy of this Indenture, the offering materials related to this Indenture or the Notes or any security for the payment of the Notes, ; it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein of the Issuer or any Subsidiary Guarantor, or any document issued in connection with the sale of Notes or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authentication.

Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes or any security for the payment of the NotesNote Guarantees, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the Offering Circular or in any other disclosure material prepared or distributed with respect to the Issuance of the Notes.

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, the Collateral or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent (other than the Trustee, Trustee to the extent the Trustee is the Paying Agent) 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 Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes (other than its than, in the case of the Trustee, the Trustee’s certificate of authentication).

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

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

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

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 or any security for the payment of the Notes, and it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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 or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the TrusteeTrustee acting in such capacity, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this IndentureNotes, it shall not be responsible have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise perfect or maintain the use or application perfection of any money received by any Paying Agent other than the Trusteesecurity interest or lien granted to it hereunder or to record this Indenture, and it shall not be responsible for any statement of the Company in this Indenture, the Offering Memorandum or recital herein or any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationin the Notes.

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 Security Document or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, 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 or recital herein herein, in the Security Documents or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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, the Collateral Documents or the Notes or any security for the payment of the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, acting in such capacity, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

Trustee’s Disclaimer. The Trustee shall will not be (A) responsible for for, and makes no representation as to to, the validity or adequacy of this Indenture (or any supplement hereto) or the Notes or any security for the payment of the Notes, it shall not be ; (B) accountable for the Company’s use of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it shall not be ; (C) responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be (D) responsible for any statement or recital herein or any statement in this Indenture, the Notes or any other document in connection with relating to the sale of the Notes or pursuant to this Indenture Indenture, other than its the Trustee’s certificate of authentication.

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 or any security for the payment of the Notes, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company’s Issuers’ direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes Notes, any statement or recital in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.

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 Notes or any security for the payment of the Notes, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Notes or any money paid to the Company or upon the Company’s direction under any provision of this Indenture, it shall (iii) is not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall (iv) is not be responsible for any statement or recital herein or any statement in the Notes or any other document delivered in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or Indenture, the Notes or any security for of the payment Common Stock issuable upon conversion of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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

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 Note Guarantee or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 Notes or any security for the payment of the NotesGuarantees, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or in any certificate delivered pursuant hereto or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 Notes or any security for the payment of the NotesGuarantee, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer’s direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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 Note Guarantee or the Notes or any security for the payment of the Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes or any money paid to the Company or upon the Company’s 's direction under any provision of this Indenture, 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 or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.

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

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