Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 18 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Nektar Therapeutics), Indenture (Nektar Therapeutics)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 6.1, the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holders or (ii) if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 15 or otherwise.
Appears in 8 contracts
Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)
Trustee's Relation to Senior Debt. (a) The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Fourteen with respect to any Senior Debt that may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. .
(b) With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Fourteen, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt (except as provided in Section 14.2 and the Trustee Section 14.3 of this Indenture) and shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article Fourteen or otherwise.
Appears in 6 contracts
Samples: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Trustee's Relation to Senior Debt. The (a) Each of the Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Fifteen with respect to any Senior Debt that may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. .
(b) With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Fifteen, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article Fifteen or otherwise.
Appears in 6 contracts
Samples: Indenture (Just Energy Group Inc.), Indenture (Newpark Resources Inc), Indenture (TODCO Mexico Inc.)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereof7.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and, subject to the provisions of Sections 7.1 and 7.2, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: Subordinated Indenture (Aes Trust V), Indenture (Aes Corporation), Indenture (Aes Trust Ii)
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 10, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Debt. The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company Issuer or to any other Person moneys cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article 10 or otherwise.
Appears in 4 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof6.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Credit Agreement (Lsi Logic Corp), Credit Agreement (Lsi Logic Corp), Participation Agreement (Lsi Logic Corp)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 12 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 12, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 4.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 12 or otherwise.
Appears in 3 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle 7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article 7, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 14 or otherwise. Nothing in this Article 14 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Hi Trust Ii), Junior Subordinated Indenture (Litchfield Capital Trust Ii), Junior Subordinated Indenture (Litchfield Capital Trust Ii)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 12 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article 12 shall apply to the claims of of, or payments to payment to, the Trustee under or pursuant to Section 5.8 hereof7.07. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 12, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 7.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 12 or otherwise.
Appears in 3 contracts
Samples: Note Purchase Agreement (Providence Service Corp), Indenture (Providence Service Corp), Indenture (Providence Service Corp)
Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof9.08 of this Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle (which covenant and obligation is limited solely to withhold payment to the Holders if the Trustee has actually received the written notice from the Company described in Section 5.07 above to the effect that a payment should not be made to the Holders), and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including, without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 14.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 14.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.
Appears in 2 contracts
Samples: Indenture (American Medical Systems Holdings Inc), Indenture (AMS Sales CORP)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (Reliant Energy Inc), Subordinated Note Indenture (Avnet Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 4 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 11.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 4, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 11.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 4 or otherwise, unless payment of such amounts is prohibited under this Article 4 and the Trustee shall have received notice provided for in Section 4.05.
Appears in 2 contracts
Samples: Indenture (Convergys Corp), Indenture (Convergys Corp)
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 10, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt (other than for its willful misconduct or negligence) if it shall mistakenly pay over or deliver to Holdersthe Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 10 or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.
Appears in 2 contracts
Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Holdings Inc)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder Holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holderHolder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders Holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders Holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders Holders of Senior Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder Holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person person moneys or assets to which any holder Holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (Reliant Energy Inc), Subordinated Indenture (Reliant Energy Services New Mexico LLC)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 7.1, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article X or otherwise.
Appears in 2 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.
Appears in 2 contracts
Samples: Indenture (Intel Corp), Indenture (Intel Corp)
Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof5.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Comverse Technology Inc/Ny/), Indenture (Comverse Technology Inc/Ny/)
Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof5.8. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys monies or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Curagen Corp), Indenture (Vitesse Semiconductor Corp)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X , and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 7.1 , the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article X or otherwise.
Appears in 2 contracts
Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.12 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise, unless payment of such amounts is prohibited under this Article 5 and the Trustee shall have received the notice provided for in Section 5.05.
Appears in 2 contracts
Samples: Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt of the Company at the any time held by it, to the same extent as any other holder of Senior Debt of the Company and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior DebtDebt of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt of the Company shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and the Trustee shall not be liable to any holder of Senior Debt of the Company if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt of the Company shall be entitled by virtue of this Article 15 or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (Medtronic Inc), Subordinated Indenture (Medtronic Inc)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article 14 shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle 7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article 7, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 14 or otherwise.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Houston Industries Inc), Junior Subordinated Indenture (Pogo Producing Co)
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Seven with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this the Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Seven, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the (except as provided in Section 703(b) of this First Supplemental Indenture). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article Seven or otherwise.
Appears in 1 contract
Samples: First Supplemental Indenture (Biovail Corp International)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 5 with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof10.06 of this Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise. Nothing in this Article shall apply to claims of, or payments to, the Trustee, in any of its capacities hereunder, or pursuant to Section 10.06 of this Indenture.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 6.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of money in compliance with this Article or otherwise.X.
Appears in 1 contract
Samples: Indenture (Genta Inc De/)
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in the Trust Indenture Act or in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereof607. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and, subject to the provisions of Sections 601 and 603, the Trustee shall not be liable to any holder of Senior Debt if it shall in good faith pay over or deliver to HoldersHolders of subordinated Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (Foster Wheeler Corp)
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Debt. The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article Ten or otherwise.
Appears in 1 contract
Samples: Indenture (Scientific Games Corp)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Agreement in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing herein or in this the Indenture shall deprive the Trustee Subordinated Creditor of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee Subordinated Creditor undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleAgreement, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture Agreement against the TrusteeSubordinated Creditor. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee Subordinated Creditor shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Agreement or otherwise.
Appears in 1 contract
Samples: Subordination Agreement (Monogram Biosciences, Inc.)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.12 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.
Appears in 1 contract
Samples: Indenture (Xilinx Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Four in respect to of any Senior Debt Indebtedness at the any time held by it, to the same extent as any other holder of Senior Debt Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior DebtIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Four, and no implied covenants or obligations with respect to the holders of Senior Debt Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and Indebtedness and, the Trustee shall not be liable to any holder of Senior Debt Indebtedness if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person moneys or assets to which any holder of Senior Debt Indebtedness shall be entitled by virtue of this Article Four or otherwise.
Appears in 1 contract
Samples: Indenture (SCS Transportation Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Article 8 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article 8, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.
Appears in 1 contract
Samples: Indenture (Pg&e Corp)
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article VIII with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle VIII, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the (except as provided in Section 8.03(b)). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article VIII or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt (except as provided in Sections 8.02(b) and the 8.03)(b)). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company Issuer or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (HRM Holdings Corp)
Trustee's Relation to Senior Debt. (a) The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article IV with respect to any Senior Debt that may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture Guaranty shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. .
(b) With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture Guaranty against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article IV or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the (except as provided in Section 10.03(b)). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article Ten or otherwise.
Appears in 1 contract
Samples: Indenture (Autotote Corp)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Section 6.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Notes, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 15 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt (except as provided in Sections 8.02(b) and the 8.03)(b)). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (Aep Industries Inc)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with VII in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Article XI or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle VII, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article XI, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article VII or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Cleco Corp)
Trustee's Relation to Senior Debt. The Trustee, each Agent and any agent of the Company, of the Trustee or any Agent shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee Trustee, any Agent or any such agent of any of its rights as such a holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee and each Agent undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the TrusteeTrustee or any Agent. The Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (Del Monte Foods Co)
Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 311 of the TIA or in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any such holder of Senior Debt if it shall mistakenly pay over or deliver distribute to Holders, Holders of the Securities or the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article 5 with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article 5 shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof7.06 of the Base Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5 (which covenant and obligation is limited solely to withhold payment to the Holders if the Trustee has actually received the written notice from the Company described in Section 5.07 to the effect that a payment should not be made to the Holders), and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including, without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.
Appears in 1 contract
Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma)