Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct. (b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 10 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Penske Automotive Group, Inc.)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 9 contracts
Samples: Senior Indenture (Sinclair Television Co Ii Inc), Senior Indenture (WSTR Inc), Exhibit (Autobahn Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 6 contracts
Samples: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 5 contracts
Samples: Subordinated Indenture (Sinclair Television Co Ii Inc), Exhibit (Tri R of Orlando Inc), Subordinated Indenture (Sinclair Broadcast Group Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Ten or elsewhere in this Supplemental Indenture or the Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Supplemental Indenture and the Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith 's negligence or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 4 contracts
Samples: Supplemental Indenture (Candanaigua B V), Exhibit (Constellation Brands Inc), Supplemental Indenture (Canandaigua LTD)
Trustee's Duties; Notice to Trustee. (ai) Any provision in this Article Thirteen Section 2 or elsewhere in this the Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any GuarantorGuaranteeing Subsidiary, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this the Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(bii) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor Guarantor, any Guaranteeing Subsidiary or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 4 contracts
Samples: Supplemental Indenture (Sonic Automotive Inc), Supplemental Indenture (Sonic Automotive Inc), Third Supplemental Indenture (Sonic Automotive Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen 12 or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 3 contracts
Samples: Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Ten or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith 's negligence or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (Canandaigua B V), Indenture (SCV Epi Vineyards Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be subject to Section 602(d) and shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Subsidiary Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (Styrochem International Inc), Indenture (Styrochem International LTD)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen XIII or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors directors, trustees or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (Jo-Ann Stores Inc), Indenture (Fca of Ohio Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the CompanyIssuer, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (Media General Inc), Indenture (Sinclair Broadcast Group Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen 5 or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any the Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any the Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 2 contracts
Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any GuarantorXxxxxxxx, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor Xxxxxxxx or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, Finance Corp., any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any GuarantorHolder, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Indenture (Oxford Industries Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Eight or elsewhere in this Supplemental Indenture or the Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Supplemental Indenture and the Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith 's negligence or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Ten or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith negligence or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith 's negligence or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.. 132
Appears in 1 contract
Samples: Indenture (Viking Distillery Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors Trustees or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any GuarantorHolder, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Exhibit (Brooks Pharmacy, Inc.)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be subject to Section 602(d) and shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to 119 132 request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, Company or any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Indenture (Pioneer Companies Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any GuarantorHolder, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's gross negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Exhibit (Brooks Pharmacy, Inc.)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen 12 or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s 's negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Indenture (United Auto Group Inc)
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen Fourteen or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any Guarantor or the officers, directors Trustees or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Trustee's Duties; Notice to Trustee. (a) Any provision in this Article Thirteen 12 or elsewhere in this Indenture allowing the Trustee to request any information or to take any action authorized by, or on behalf of any the Guarantor, shall be permissive and shall not be obligatory on the Trustee except as the Holders may direct in accordance with the provisions of this Indenture or where the failure of the Trustee to request any such information or to take any such action arises from the Trustee’s negligence, bad faith or willful misconduct.
(b) The Trustee shall not be required to inquire into the existence, powers or capacities of the Company, any the Guarantor or the officers, directors or agents acting or purporting to act on their respective behalf.
Appears in 1 contract
Samples: Indenture (Morgans Hotel Group Co.)
