Trustee's Duties. The powers conferred upon the Trustee by this Article Thirteen are solely to protect the Security Interests and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture. The Trustee shall be under no duty to the 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 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 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 to take any action whatsoever with regard thereto. The Trustee shall have no duty to the 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 Collateral.
Appears in 1 contract
Samples: Indenture (Harrahs Operating Co Inc)
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Thirteen 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. The Neither the Trustee nor any Holder shall be under no any duty to the 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 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 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 to take any action whatsoever with regard thereto. The Neither the Trustee nor any Holder shall have no any duty to the 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 Collateralof the Collateral 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 conferred upon the Trustee by this Article Thirteen 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 except as expressly provided in this IndentureIndenture or in the Collateral Agreements. The Trustee shall be under no duty to the Company 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 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 Issuer to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company 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 Collateral.necessary
Appears in 1 contract
Samples: Trans World Gaming Corp
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Thirteen 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. The Trustee shall be under no duty to the Company Issuers whatsoever to make or give any presentment, demand for performance, notice of or nonperformance, protest, notice of 92 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 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 to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company Issuers 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 Collateralof the Collateral or to perform on behalf of the Issuers under any Collateral Documents.
Appears in 1 contract
Samples: Consent and Agreement (Premier Finance Biloxi Corp)
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Thirteen 10 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 IndentureIndenture or the TIA. The Trustee shall be under no duty to the 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 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 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 to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company 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
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Thirteen 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. The Neither the Trustee nor any Holder shall be under no any duty to the 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, 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 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 or any Holder be under any duty to the Company to take any action whatsoever with regard thereto. The Neither the Trustee nor any Holder shall have no any duty to the 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 Collateralof the Collateral or to perform on behalf of the Company under this Indenture or any other Collateral Documents or otherwise.
Appears in 1 contract
Samples: Komag Inc /De/
Trustee's Duties. The powers conferred upon the Trustee by this Article Thirteen 10 are solely to protect the Security Interests Lien of this Indenture and the Collateral Documentation and shall not impose any duty upon the Trustee to exercise any such powers except as expressly provided in this Indenture. The Trustee shall be under no duty to the 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 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 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 to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company to comply with any recording, filing, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability ofof the Lien of this Indenture and the Collateral Documentation in, or the Trustee's rights in or to, any of the Collateral.
Appears in 1 contract
Samples: Inamed Corp