Common use of Trustee's Duties Clause in Contracts

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV are solely to protect the security interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIA. The Trustee shall be under no duty to the Company or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company or the Guarantors for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests in, or the Trustee's rights in or to, any of the Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV 14 are solely to protect its interest and the security interests interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or in the TIACollateral Agreements. The Trustee shall be under no duty to the Company or any Guarantor Issuer whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any CollateralCollateral or the Obligations, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this IndentureIndenture or in the Collateral Agreements. The Trustee shall not be liable to the Company or the Guarantors Issuer for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company or the Guarantors Issuer to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company or the Guarantors Issuer to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests inof, or the Trustee's rights in or to, any of the Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV X are solely to protect the security interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIA. The Trustee shall be under no duty to the Company Issuers or any Guarantor Holder whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Note Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company Issuers or the Guarantors any Holder for failure to collect or realize upon any or all of the Note Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company Issuers or the Guarantors any Holder to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company Issuers or the Guarantors any Holder to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests in, or the Trustee's rights in or to, any of the Note Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV XI are solely to protect the security interests Security Interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIAIndenture. The Trustee shall be under no duty to the Company (or with respect to any Guarantor Security Documents, the grantor of the Security Interest thereunder) whatsoever to make or give any presentment, demand for performance, notice of nonperformancenon-performance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV are solely to protect the security interests Liens and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture Indenture, the Mortgage Documents or the TIA. The Trustee shall not be under no any duty to the Company Issuers or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this IndentureIndenture or the Mortgage Documents. The Trustee shall not be liable to the Company Issuers or the Guarantors any Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company Issuers or the Guarantors any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company Issuers or the Guarantors any Guarantor to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests in, or the Trustee's rights in or to, any of the Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV 10 are solely to protect the security interests Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIAIndenture. The Trustee shall be under no duty to the Company Issuers or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company Issuers or the Guarantors any Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Company Issuers or the Guarantors any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company Issuers, the any Guarantor or the Guarantors any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests Liens in, or the Trustee's rights in or to, any of the CollateralCollateral or to perform on behalf of the Issuers under any Collateral Documents.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV 10 are solely to protect the security interests Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIAIndenture. The Trustee shall be under no duty to the Company Issuers or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company Issuers or the Guarantors any Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Company Issuers or the Guarantors any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company Issuers, any Guarantor or the Guarantors any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests Liens in, or the Trustee's ’s rights in or to, any of the CollateralCollateral or to perform on behalf of the Issuers under any Collateral Documents.

Trustee's Duties. The powers and duties conferred ----------------- upon the Trustee by this Article IV are solely to protect the security interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIA. The Trustee shall be under no duty to the Company or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company or the Guarantors for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests in, or the Trustee's rights in or to, any of the Collateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV Twelve and the Pledge Agreement are solely to protect its interest and the security interests interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or and the TIAPledge Agreement. The Trustee shall be under no duty whatsoever to the Company or any Guarantor whatsoever NV Holdings to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company or the Guarantors NV Holdings for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company or the Guarantors NV Holdings to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company or the Guarantors NV Holdings to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests inof, or the Trustee's rights in or to, any of the Collateral, except with regard to the safekeeping of any Collateral perfected by the Trustee's possession thereof, and, with regard to such safekeeping, the Trustee shall be liable only for any damages that result from its willful misconduct or gross negligence.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV 14 are solely to protect its interest and the security interests interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or in the TIACollateral Agreements. The Trustee shall be under no duty to the Company or any Guarantor Issuer whatsoever to make or give any presentment, demand for performance, notice of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any CollateralCollateral or the Obligations, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this IndentureIndenture or in the Collateral Agreements. The Trustee shall not be liable to the Company or the Guarantors Issuer for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company or the Guarantors Issuer to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company or the Guarantors Issuer to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests in, or the Trustee's rights in or to, any of the Collateral.necessary

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV 10 are solely to protect the security interests and Collateral and, subject to Section 7.1, shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or Indenture. Neither the TIA. The Trustee nor any Holder shall be under no any duty to the Company or any Guarantor whatsoever to make or give any presentment, demand for performance, notice of or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Neither the Trustee nor any Holder shall not be liable to the Company or the Guarantors for failure to collect or realize upon any or all of the Collateral, Collateral or for any delay in so doingdoing so, nor shall the Trustee or any Holder be under any duty to the Company or the Guarantors to take any action whatsoever with regard thereto. The Neither the Trustee nor any Holder shall have no any duty to the Company or the Guarantors to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests Liens in, or the Trustee's rights in or to, any of the CollateralCollateral or to perform on behalf of the Company under this Indenture or any other Collateral Documents or otherwise.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article IV XII are solely to protect the security interests Security Interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture or the TIAIndenture. The Trustee shall be under no duty to the Company (or with respect to any Guarantor Security Documents, the grantor of the Security Interest thereunder) whatsoever to make or give any presentment, demand for performance, notice of nonperformancenon-performance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) for failure to collect or realize upon any or all of the Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company (or with respect to any Security Documents, the Guarantors grantor of the Security Interest thereunder) to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the security interests Security Interests in, or the Trustee's rights in or to, any of the Collateral.