Common use of Trustee's Duties Clause in Contracts

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven are solely to protect 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. The Trustee shall be under no duty whatsoever to the 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 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 this Indenture. The Trustee shall not be liable to the 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 Collateral, or for any delay in doing so, nor shall the Trustee be under any duty to the 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 Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens in, or the Trustee’s or any Holder’s rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral Documents.

Trustee's Duties. (a) Subject to Section 5.01 and the provisions of the Collateral Security Documents, the Trustee will have power to enter into any agreement or take any action required by the Collateral Security Documents pursuant to the terms thereof and to institute and to maintain such suits and proceedings, to the extent permitted under the terms of the Collateral Security Documents, as it may deem expedient to prevent any impairment of the Company Collateral or the Subsidiaries Collateral by any acts which may be unlawful or in violation of the Collateral Security Documents or this Indenture, including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule, or order that may be unconstitutional or otherwise invalid or if the enforcement of, or compliance with, such enactment, rule or order would impair the Security Interest in contravention of this Indenture or be prejudicial to the interests of the Holders of Securities issued hereunder or of the Trustee. (b) The powers and duties conferred upon the Trustee by this Article Eleven V are solely to protect the Collateral Security Interest and shall will not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture. The Trustee shall will be under no duty whatsoever to the Issuers, Company or any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document whatsoever to make or give any presentment, demand for performance, notice or of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, Company Collateral or Subsidiaries Collateral or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall will not be liable to the Issuers, Company or 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 Company Collateral or the Subsidiaries Collateral, or for any delay in doing soso doing, nor shall will the Trustee be under any duty to the Issuers, Company or any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document to take any action action, whatsoever with regard thereto. The Trustee shall have has no duty to the Issuers, any Subsidiary Guarantor, any other Affiliate of Company or to the Issuers party to a Collateral Document or any Holder Holders to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, perfectionpriority, priority or enforceability of the Liens inof, or the Trustee’s or any Holder’s 's rights in or to, any of the Company Collateral or to perform on behalf of the Issuers under any Collateral DocumentsSubsidiaries Collateral.

Trustee's Duties. (a) Subject to Section 10.01 and the provisions of the Collateral Documents, the Trustee will have power to enter into any agreement or take any action required by the Collateral Documents pursuant to the terms thereof and to institute and to maintain such suits and proceedings, to the extent permitted under the terms of the Collateral Documents, as it may deem expedient to prevent any impairment of Collateral by any acts which may be unlawful or in violation of the Collateral Documents or this Indenture, including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule, or order that may be unconstitutional or otherwise invalid or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest provided for in Section 10.01 in contravention of this Indenture or be prejudicial to the interests of the Holders of Five-Year Notes issued hereunder or of the Trustee. (b) The powers and duties conferred upon the Trustee by this Article Eleven 10 are solely to protect the Collateral security interest provided for in Section 10.01 and shall will not impose any duty upon the Trustee to exercise any such powers and duties, except as provided in the last sentence of Section 10.03 and as otherwise expressly provided in this Indenture. The Trustee shall will be under no duty whatsoever to the Issuers, Alderwoods or any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor whatsoever to make or give any presentment, demand for performance, notice or of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, Collateral or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall will not be liable to the Issuers, Alderwoods or any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall will the Trustee be under any duty to the Issuers, Alderwoods or any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor to take any action action, whatsoever with regard thereto. The Trustee shall have has no duty to Alderwoods or to the Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder Holders to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, perfectionpriority, priority or enforceability of the Liens inof, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsCollateral.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven 7 are solely to protect 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 First Supplemental Indenture. The Trustee shall be under no duty whatsoever to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor whatsoever to make or give any presentment, demand for performance, notice or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any CollateralPledged Securities, or to take any steps necessary to preserve this First Supplemental Indenture. The Trustee shall not be liable to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor for failure to collect or realize upon any or all of the CollateralPledged Securities, or for any delay in doing so, nor shall the Trustee be under any duty to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to either Issuer, the Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document Guarantor or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsPledged Securities.

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven 11 are solely to protect the security interests of the 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. The Trustee shall be under no duty whatsoever to the IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor whatsoever to make or give any presentment, demand for or performance, notice or of nonperformance, protest, notice of 105 protest, notice of dishonor, or other notice or for 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 IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall the Trustee be under any duty to the IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the IssuersCompany, any Guarantor or Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder Guarantor to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens security interests in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsCollateral.