Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 49 contracts
Samples: Indenture (Jsce Inc), Indenture (Agco Corp /De), Senior Discount Dm Indenture (Viatel Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall is not be accountable for the Company's ’s use or application of the proceeds from the Notes and (iii) shall is not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 44 contracts
Samples: Indenture (Viasat Inc), Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall not be accountable for the Company's ’s use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 33 contracts
Samples: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)
Trustee’s Disclaimer. The Trustee (ia) makes no representation as to the validity or adequacy of this Indenture or the Notes, (iib) shall is not be accountable for the Company's ’s use or application of the proceeds from the Notes and (iiic) shall is not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 29 contracts
Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co), Indenture (Molson Coors Brewing Co)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and (iii) it shall not be responsible for any statement of the Company in this Indenture or the Notes other than its the Trustee's certificate of authentication.
Appears in 14 contracts
Samples: Indenture (Town Sports International Inc), Indenture (Penn National Gaming Inc), Indenture (Railworks Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Company in the Indenture or any statement in the Notes other than its certificate of authenticationauthentication or for compliance by the Company with the Registration Rights Agreement.
Appears in 13 contracts
Samples: Indenture (NTL Inc /De/), Indenture (Akamai Technologies Inc), Indenture (Invitrogen Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 9 contracts
Samples: Indenture (Outdoor Systems Inc), Indenture (Lamar Advertising Co), Indenture (Lamar Advertising Co)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 9 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (Armor Holdings Inc), Indenture (Homeplex Mortgage Investments Corp)
Trustee’s Disclaimer. The Trustee (i) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the CompanyIssuer's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Issuer in the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than its the Trustee's certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Money Store Commercial Mortgage Inc), Indenture (Mellon Auto Receivables Corp), Indenture (Oxford Resources Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this the Indenture or the Notes, (ii) shall is not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall is not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 6 contracts
Samples: Indenture (Sun Microsystems, Inc.), Indenture (Sybron Dental Specialties Inc), Indenture (Chesapeake Corp /Va/)
Trustee’s Disclaimer. The Trustee (ia) makes no representation as to the validity or adequacy of this Indenture or the Notes, (iib) shall not be accountable for the Company's use or application of the proceeds from of the Notes and (iiic) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Dollar Notes Indenture (Viatel Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Collateral Documents or the Notes, (ii) Notes and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes Notes, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 5 contracts
Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Company in the Indenture or any statement in the Notes other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Microstrategy Inc), Indenture (Station Casinos Inc), Indenture (Xm Satellite Radio Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, (ii) ; it shall not be accountable for the Issuer’s or the Company's ’s use or application of the proceeds from the Notes Notes; and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 4 contracts
Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) Notes, it shall not be responsible for any statement in the registration statement for the Notes under the Securities Act or in the Indenture or the Notes (other than its certificate of authentication), or the determination as to the Persons entitled to receive any notices hereunder.
Appears in 2 contracts
Samples: Indenture (Dura Pharmaceuticals Inc/Ca), Indenture (Dura Pharmaceuticals Inc/Ca)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Pledge Agreement, the Pledged Securities or the Notes, (ii) and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Company in this Indenture or the Notes Notes, other than its the Trustee's certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Orbital Imaging Corp), Indenture (Orbital Imaging Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) it shall not be responsible for any statement in the Notes other than its the Trustee's certificate of authentication.
Appears in 2 contracts
Samples: Indenture (America First Real Estate Investment Partners L P), Indenture (America First Real Estate Investment Co Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Pledge Agreement or the Notes, (ii) shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Carrier1 International S A), Indenture (Carrier1 International S A)
Trustee’s Disclaimer. The Trustee (i) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) Notes, it shall not be responsible for any statement in the Notes other than its certificate authentication. The Trustee shall have no duty to ascertain or inquire as to the performance of authenticationthe Company's covenants in Article 3 hereof.
Appears in 2 contracts
Samples: Indenture (Aes China Generating Co LTD), Indenture (Aes China Generating Co LTD)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the CompanyCorporation's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Energy West Inc), Indenture (Delta Natural Gas Co Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall not be accountable for the 62 69 Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Nextel International Inc)
Trustee’s Disclaimer. The Trustee Trustee
(i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Ccir of California Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Pledge Agreement, the Note Guarantee or the Notes, (ii) shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (KMC Telecom Holdings Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the NotesGuarantees, (ii) and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Company in this Indenture, or any statement in the Notes other than its the Trustee's certificate of authentication.
Appears in 1 contract
Samples: Indenture (Big Flower Digital Services Delaware Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder, (ii) shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes Notes, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 1 contract
Samples: Indenture (Astor Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, (ii) ; it shall not be accountable for the Issuer's or the Company's use or application of the proceeds from the Notes Notes; and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity validity, adequacy or adequacy sufficiency of this Indenture or the Notes, (ii) and it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement of the Company in this Indenture, the Notes, or any other documents in connection with the issuance of the Notes other than its the Trustee's certificate of authentication.
Appears in 1 contract
Samples: Indenture (Hines Horticulture Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) ; it shall not be accountable for the CompanyIssuer's use or application of the proceeds from the Notes issuance of the Notes; and (iii) it shall not be responsible for any statement of the Issuer in the Notes other than its the Trustee's certificate of authentication.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) shall not be accountable for the CompanyFelCor LP's use or application of the proceeds from the Notes and (iii) shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Felcor/Lax Holdings Lp)
Trustee’s Disclaimer. (a) The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Units or the Notes, (ii) and it shall not be accountable for the Company's Issuers' use or application of the proceeds from the Notes Units, and (iii) it shall not be responsible for any statement of the Issuers in this Indenture, the Units or the Notes other than its the Trustee's certificate of authenticationauthentication or any document used in connection with the offer or sale of the Notes.
Appears in 1 contract
Samples: Indenture (Hockey Co)
Trustee’s Disclaimer. The Trustee (i) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Cerplex Group Inc/De)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) Notes and the Trustee assumes no responsibility for their correctness. It shall not be accountable for the Company's use or application of the proceeds from the Notes and (iii) it shall not be responsible for any statement in the Notes or the recitals thereto or hereto other than its certificate of authentication.
Appears in 1 contract
Samples: Trust Indenture (Kinney Drugs Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, (ii) Notes and it shall not be accountable for the Company's ’s use or application of the proceeds from the Notes Notes, and (iii) it shall not be responsible for any statement in the Notes Notes, other than its the Trustee’s certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 1 contract
Samples: Indenture (MTR Gaming Group Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, (ii) ; it shall not be accountable for the Company's use or application of the proceeds from the Notes Notes; and (iii) it shall not be responsible for any statement in the Notes other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Lecroy Corp)
