Common use of Trustee's Duties Clause in Contracts

Trustee's Duties. The powers conferred upon the Trustee by this Article 14 are solely to protect its interest and the interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in the Collateral Agreements. The Trustee shall be under no duty to the 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 Collateral or the Obligations, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral Agreements. The Trustee shall not be liable to the 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 Issuer to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of, or the Trustee's rights in or to, any of the Collateral.

Appears in 5 contracts

Samples: Indenture (Trans World Gaming Corp), Indenture (Value Partners LTD /Tx/), Indenture (Trans World Gaming Corp)

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Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 IV are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsTIA. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or the Guarantors 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 Issuer Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 5 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 Eleven are solely to protect its interest and the 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 Collateral AgreementsIndenture. The Trustee shall be under no duty whatsoever to the Issuer whatsoever Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Issuer Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability ofof the Liens in, or the Trustee's ’s or any Holder’s rights in or to, any of the CollateralCollateral or to perform on behalf of the Issuers under any Collateral Documents.

Appears in 4 contracts

Samples: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

Trustee's Duties. The powers conferred upon the Trustee by this Article 14 Three are solely to protect its interest and the interest of the Holders in the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in the Collateral AgreementsSecurity Documents. The Trustee shall be under no duty to the Issuer Company 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsSecurity Documents. The Trustee shall not be liable to the Issuer Company 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 Issuer Company to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of, or the Trustee's rights in or to, any of Collateral. The Trustee shall comply with, and release the Collateral.Collateral in accordance with, the Security Documents. ARTICLE FOUR

Appears in 3 contracts

Samples: Indenture (Circus Circus Enterprises Inc), Indenture (Circus Finance Ii), Indenture (Circus Circus Enterprises Inc)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 XI are solely to protect its interest and the interest of the Holders in the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer Company (or with respect to any 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) 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 Issuer Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company (or with respect to any Security Documents, the 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 ofof the Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 3 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 X are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsTIA. The Trustee shall be under no duty to the Issuer Issuers or any 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 Collateral or the ObligationsNote Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Issuers or any Holder for failure to collect or realize upon any or all of the obligations or Note Collateral, or for any delay in so doing, nor shall the Trustee be under any duty to the Issuer Issuers or any Holder to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers or any Holder to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Note Collateral.

Appears in 3 contracts

Samples: Indenture (Waterford Gaming Finance Corp), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 10 are solely to protect its interest and the 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 Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Issuers or any Guarantor for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Issuer Issuers or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers, any Guarantor or any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the 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.

Appears in 2 contracts

Samples: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 10 are solely to protect its interest and the 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 Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Issuers or any Guarantor for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Issuer Issuers or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers, the any Guarantor or any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the 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.

Appears in 2 contracts

Samples: Indenture (Shreveport Capital Corp), Indenture (HCS Ii Inc)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 IV are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsTIA. The Trustee shall not be under no any duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsMortgage Documents. The Trustee shall not be liable to the Issuer Issuers or any Guarantor 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 Issuer Issuers or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers or any Guarantor to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 2 contracts

Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 10 are solely to protect its interest and the interest of the Holders in the Collateral and 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 in Indenture. Neither the Collateral Agreements. The Trustee nor any Holder shall be under no any duty to the Issuer Company 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 the ObligationsCollateral, or to take any steps necessary to preserve this Indenture. Neither the Trustee nor any rights against prior parties except as expressly provided in this Indenture or in the Collateral Agreements. The Trustee Holder shall not be liable to the Issuer Company for failure to collect or realize upon any or all of the obligations or Collateral, Collateral or for any delay in so doingdoing so, nor shall the Trustee or any Holder be under any duty to the Issuer Company to take any action whatsoever with regard thereto. The Neither the Trustee nor any Holder shall have no any duty to the Issuer Company to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the 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.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 IV are solely to protect its interest and the interest security interests created by the Security Documents in favor of the Trustee for the benefit of the Holders in (the Collateral "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 in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or the Guarantors 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 Issuer Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Hammond Residential LLC)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 XII are solely to protect its interest and the interest of the Holders in the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer Company (or with respect to any 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) 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 Issuer Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company (or with respect to any Security Documents, the 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 ofof the Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Transtexas Gas Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 7 are solely to protect its interest and the interest of the Holders in the Collateral Pledged Securities 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 Collateral AgreementsFirst Supplemental Indenture. The Trustee shall be under no duty to the either Issuer 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 the ObligationsPledged Securities, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsFirst Supplemental Indenture. The Trustee shall not be liable to the either Issuer or any Guarantor for failure to collect or realize upon any or all of the obligations or CollateralPledged Securities, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the either Issuer or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to either Issuer, the Issuer Guarantor or any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the Liens in, or the Trustee's rights in or to, any of the CollateralPledged Securities.

Appears in 1 contract

Samples: First Supplemental Indenture (Metricom Inc / De)

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Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 IV are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or the Guarantors 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 Issuer Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Elsinore Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 IV are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or any Guarantor 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 Issuer Company or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or any Guarantor to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Capital Gaming International Inc /Nj/)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 XI are solely to protect its interest and the interest of the Holders in the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer Company (or with respect to any 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company (or with respect to any Security Documents, the grantor of the security interest thereunder) 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 Issuer Company (or with respect to any Security Documents, the grantor of the security interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company (or with respect to any Security Documents, the 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 ofof the Security Interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Transamerican Energy Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 11 are solely to protect its interest and the 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 Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or any Guarantor for failure to collect or realize upon any or all of the obligations or Collateral, or for any delay in so doingdoing so, nor shall the Trustee be under any duty to the Issuer Company or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company, the Guarantor or any Holder to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the Liens in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (HWCC Shreveport Inc)

Trustee's Duties. The powers conferred upon the Trustee by this Article 14 Twelve and the Pledge Agreement are solely to protect its interest and the interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture or in and the Collateral AgreementsPledge Agreement. The Trustee shall be under no duty whatsoever to the Issuer whatsoever Company or 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or NV Holdings 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 Issuer Company or NV Holdings to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or NV Holdings to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of, 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.

Appears in 1 contract

Samples: Exchange Agreement (Brooke Group LTD)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 X are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsTIA. The Trustee shall be under no duty to the Issuer Issuers or any 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 Collateral or the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Issuers or any Holder 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 Issuer Issuers or any Holder to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Issuers or any Holder to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Waterford Gaming LLC)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 14 11 are solely to protect its interest and the interest security interests of the Holders Trustee 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 Collateral AgreementsIndenture. The Trustee shall be under no duty to the Issuer Company, any Guarantor or Subsidiary Guarantor whatsoever to make or give any presentment, demand for or performance, notice of nonperformance, protest, notice of 105 protest, notice of dishonor, or other notice or for demand in connection with any Collateral or the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company, any Guarantor or Subsidiary Guarantor 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 Issuer Company, any Guarantor or Subsidiary Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company, any Guarantor or Subsidiary Guarantor to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (HMH Properties Inc)

Trustee's Duties. The powers and duties conferred ----------------- upon the Trustee by this Article 14 IV are solely to protect its interest and the interest of the Holders in the Collateral 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 in the Collateral AgreementsTIA. The Trustee shall be under no duty to the Issuer 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 the ObligationsCollateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture or in the Collateral AgreementsIndenture. The Trustee shall not be liable to the Issuer Company or the Guarantors 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 Issuer Company or the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuer Company or the Guarantors to comply with any recording, filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the security interests in, or the Trustee's rights in or to, any of the Collateral.

Appears in 1 contract

Samples: Indenture (Jazz Casino Co LLC)

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