Common use of Trustee’s Disclaimer Clause in Contracts

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 64 contracts

Samples: Subordinated Indenture (60 Degrees Pharmaceuticals, Inc.), Senior Indenture (VCI Global LTD), Subordinated Indenture (VCI Global LTD)

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Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s use or application by the Company of Securities or the proceeds from the Securitiesthereof.

Appears in 32 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Lifetime Brands, Inc), Indenture (Nektar Therapeutics)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 23 contracts

Samples: Indenture (Sothebys Holdings Inc), Indenture (Amerada Hess Corp), Senior Indenture (Credit Suisse First Boston Usa Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) Notes shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities Notes, and (b) it shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes, and it shall not be responsible for any statement of the Company in this Indenture or the Notes other than the Trustee's certificate of authentication.

Appears in 18 contracts

Samples: Indenture (Dyncorp), Indenture (Del Monte Foods Co), Indenture (Tokheim Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 17 contracts

Samples: Indenture (Td Ameritrade Holding Corp), Indenture (TD AMERITRADE Online Holdings Corp.), Indenture (Calpine Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 15 contracts

Samples: Indenture (Dana Corp), Indenture (Federal Mogul Corp), Indenture (Cummins Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 10 contracts

Samples: Indenture (Esterline Technologies Corp), Indenture (Robbins & Myers Inc), Indenture (Icos Corp / De)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or Indenture, the Securities or any offering materials and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 10 contracts

Samples: Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy accuracy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 9 contracts

Samples: Indenture (Ocwen Financial Corp), Indenture (Amerus Life Holdings Inc), Indenture (Amerus Life Holdings Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 9 contracts

Samples: Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesNotes or for monies paid over to the Company pursuant to the Indenture.

Appears in 6 contracts

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

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 6 contracts

Samples: Subordinated Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Subordinated Indenture (Credit Suisse Group), Senior Debt Indenture (Donaldson Lufkin & Jenrette Inc /Ny/)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to this Indenture.

Appears in 5 contracts

Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar International Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities; the Trustee shall not be accountable for the Company’s use or application of the proceeds from the Securities; and the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Accuray Inc), Indenture (Accuray Inc), Indenture (Accuray Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) it shall not be accountable for the Company’s use or application by the Company of the Securities or the proceeds from the Securitiesthereof.

Appears in 3 contracts

Samples: Senior Indenture (Emagin Corp), Senior Indenture (Mimecast LTD), Senior Indenture (Emagin Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy and accuracy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 3 contracts

Samples: Indenture (Cihc Inc), Senior Indenture (Conseco Inc Et Al), Second Senior Indenture (Cihc Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or Indenture, the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 3 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Indenture (Ual Corp Capital Trust I)

Trustee’s Disclaimer. The recitals contained herein and in -------------------- the Securities (Securities, except the Trustee’s certificate 's certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 3 contracts

Samples: Indenture (St Paul Bancorp Inc), Indenture (Farmland Industries Inc), Indenture (St Paul Bancorp Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 3 contracts

Samples: Indenture (Cadiz Inc), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 2 contracts

Samples: Subordinated Indenture (Credit Suisse (Usa) Inc), Senior Indenture (Credit Suisse (Usa) Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities. The Trustee shall not be responsible for any statement or recital in any document in connection with the sale of the Securities.

Appears in 2 contracts

Samples: Senior Indenture (Cobalt International Energy, Inc.), Subordinated Indenture (Molycorp, Inc.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities or the Subsidiary Guaranties and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 2 contracts

Samples: Senior Indenture (Valmont Industries Inc), Senior Indenture (Valmont Group Pty LTD)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 2 contracts

Samples: Indenture (Becton Dickinson & Co), Indenture (Becton Dickinson & Co)

Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except in the Trustee’s certificate certificates of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the same. Neither the The Trustee nor any of its agents (ai) makes any no representation as to the validity or adequacy of this the Indenture or the Securities and Securities, (bii) shall be is not accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities and (iii) is not responsible for any statement in the Securities other than its certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Flex Ltd.), Indenture (Flex Ltd.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any interest coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.of

Appears in 2 contracts

Samples: Senior Indenture (Mapco Inc), Senior Indenture (Mapco Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 2 contracts

Samples: Senior Indenture (Choice One Communications Inc), Junior Subordinated Indenture (Choice One Communications Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any interest coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 2 contracts

Samples: Subordinated Indenture (Mapco Inc), Subordinated Indenture (Mapco Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Issuer and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities; the Trustee shall not be accountable for the CompanyIssuer’s use or application of the proceeds from the Securities; and the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.

Appears in 1 contract

Samples: Indenture (Toll Brothers Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate 's certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Indenture (Farmland Industries Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Senior Notes Indenture (Verisk Analytics, Inc.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (Servicemaster Co)

Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except the Trustee’s 's certificate of authentication) and the Collateral Documents shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities Notes and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes, if any.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

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Trustee’s Disclaimer. The recitals contained herein and in the Securities and the Note Guarantees (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or the Note Guarantees or (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (TD AMERITRADE Online Holdings Corp.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except in the Trustee’s certificate 's certificates of authentication) , shall be taken as statements the statement of the Company and not of the Trustee Company, and the Trustee or any Authenticating Agent assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy sufficiency of this Indenture or of the Securities and (b) securities. The Trustee or any Authenticating Agent shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (Kinder Morgan Inc)

Trustee’s Disclaimer. The recitals contained herein and in -------------------- the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Subordinated Indenture (Acterna Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of adequacyof this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Donaldson Lufkin & Jenrette Inc /Ny/)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.any coupon. The Trustee

Appears in 1 contract

Samples: Indenture (Fidelity National Financial Inc /De/)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company Corporate and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or (b) shall be accountable for the CompanyCorporate’s use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (Savyon Trust Group,inc)

Trustee’s Disclaimer. The recitals contained herein -------------------- and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities Notes and (bii) shall be accountable for the Company’s use or application of the proceeds from the SecuritiesNotes.

Appears in 1 contract

Samples: Indenture (Aes Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s certificate 's certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity or adequacy sufficiency of this Indenture or of the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application by the Company of Notes or the proceeds from thereof, except that the SecuritiesTrustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder.

Appears in 1 contract

Samples: Indenture (Moog Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of or the Trustee Guarantor, as applicable, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s use or application by the Company or the Guarantor of Securities or the proceeds from the Securitiesthereof.

Appears in 1 contract

Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) and the Guarantees shall be taken as statements of the Company or the Guarantor, as the case may be, and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (Servicemaster LTD Partnership)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (La Quinta Properties Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s use or application of the proceeds from the Securities.

Appears in 1 contract

Samples: Indenture (Kraft Foods Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (-------------------- Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Indenture (Acterna Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the same. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or coupons. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.Securities and, shall not be responsible for any statement in the registration statement for the Securities under the Securities Act of 1933,

Appears in 1 contract

Samples: Indenture (Litton Industries Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy accuracy of this Indenture or the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: Indenture (Executive Risk Inc /De/)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s certificate certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Guarantor, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity or adequacy sufficiency of this Second Supplemental Indenture or of the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application by the Company of the Notes or the proceeds from the Securitiesthereof.

Appears in 1 contract

Samples: Second Supplemental Indenture (Invesco Ltd.)

Trustee’s Disclaimer. The recitals contained herein and in the Securities Debentures (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Debentures. The Trustee shall not be accountable for the Company’s use or application by the Company of Debentures or the proceeds from the Securitiesthereof.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this the Indenture or the Securities and (b) or any coupon. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Navistar International Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) it shall not be accountable for the Company’s use or application by the Company of the Securities or the proceeds from the Securitiesthereof.

Appears in 1 contract

Samples: Subordinated Indenture (Emagin Corp)

Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.the

Appears in 1 contract

Samples: Indenture (Apogent Technologies Inc)

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