Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 11 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 to the Company or any 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 Collateral, or to take any steps necessary to preserve this Indenture. The Trustee shall not be liable to the Company or any Guarantor 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 Company or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company, the Guarantor or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the Liens in, or the Trustee's rights in or to, any of the Collateral.
Appears in 1 contract
Sources: Indenture (HWCC Shreveport Inc)
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 11 10 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 to the Company or any Guarantor Issuers whatsoever to make or give any presentment, demand for performance, notice 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 this Indenture. The Trustee shall not be liable to the Company or any Guarantor Issuers 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 Company or any Guarantor Issuers to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company, the Guarantor Issuers or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of 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 1 contract
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 11 10 are solely to protect the Collateral and and, subject to Section 7.1, shall not impose any duty upon the Trustee to exercise any such powers and duties, duties except as expressly provided in this Indenture. The Neither 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 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 this Indenture. The Neither the Trustee nor any Holder shall not be liable to the Company or any Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in doing so, nor shall the Trustee or any Holder be under any duty to the Company or any Guarantor to take any action whatsoever with regard thereto. The Neither the Trustee nor any Holder shall have no any duty to the Company, the Guarantor or any Holder Company to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, priority or enforceability of 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
Sources: Indenture (Komag Inc /De/)
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 11 IV are solely to protect the Collateral security interests created by the Security Documents in favor of the Trustee for the benefit of the Holders (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. The Trustee shall be under no duty to the Company or any 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, 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 any Guarantor the Guarantors 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 Company or any Guarantor the Guarantors to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company, Company or the Guarantor or any Holder Guarantors to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the Liens Security Interests in, or the Trustee's rights in or to, any of the Collateral.
Appears in 1 contract
Sources: Indenture (Hammond Residential LLC)
Trustee's Duties. The powers and duties conferred upon the Trustee by this Article 11 10 are solely to protect 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 IndentureIndenture 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 or 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 any 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 Company or any Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Company, the Guarantor or any Holder Company to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, priority or enforceability of the Liens security interests in, or the Trustee's rights in or to, any of the Collateral.
Appears in 1 contract
Sources: Indenture (Metallurg Holdings Inc)