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 XV with respect to any Senior Debt that may at any time be held by 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. (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 Article XV, 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 15.2(b), Section 15.3(a) and Section 15.3(c)) and shall not be liable to any such holders if the Trustee shall, in good faith, mistakenly pay over or distribute to the Holders of Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XV or otherwise.
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Samples: First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Supplemental Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Inc)
Trustee's Relation to Senior Debt. (a) The Trustee and any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV Fifteen with respect to any Senior Debt that may at any time be held by 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 Paying Agent of any of its rights as such holder.
(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 Article XVFifteen, 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 15.2(b), Section 15.3(a) 15.2 and Section 15.3(c)15.3 of this Indenture) and shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XV Fifteen or otherwise.
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Samples: Indenture (DEP Operating Partnership, L.P.), Indenture (Constellation Energy Partners LLC)
Trustee's Relation to Senior Debt. (a) The Trustee and any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV Eight with respect to any Senior Debt that of the Company which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Debt of the Company, and nothing in this Indenture shall deprive the Trustee or any paying agent Paying Agent of any of its rights as such holder.
(b) . 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 Article XVEight, 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 (except as provided in Section 15.2(b8.03(b), Section 15.3(a) and Section 15.3(c)) and . The Trustee shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article XV Eight or otherwise.
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Samples: Indenture (Falcon Products Inc /De/)
Trustee's Relation to Senior Debt. (a) The Trustee and -------------------------------- any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV with respect to any Senior Debt that may at any time be held by 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 Paying Agent of any of its rights as such holder.
(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 Article XVArticle, 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 15.2(b), Section 15.3(aSections 10.02(c) and Section 15.3(c)10.03(c) of this Indenture) and shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders Securityholders of Notes Securities or to the Company Issuer or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XV or otherwise.
Appears in 1 contract
Samples: Indenture (Americold Corp /Or/)
Trustee's Relation to Senior Debt. (a) The Each of the Trustee and any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV Fifteen with respect to any Senior Debt that may at any time be held by 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 Paying Agent of any of its rights as such holder.
(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 Article XVFifteen, 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 15.2(b), Section 15.3(a) and Section 15.3(c)) and shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders of Notes Securities or to the Company Partnership or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XV Fifteen or otherwise.
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Trustee's Relation to Senior Debt. (a) The Trustee and any paying agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article XV 14 with respect to any Senior Debt that which may at any time be held by 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 such agent, of any of its rights as such holder.
(b) . Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Article 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 XV14, 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 15.2(b)and, Section 15.3(a) and Section 15.3(c)) and subject to the provisions of Article 7, the Trustee shall not be liable to any such holders holder of Senior Debt if the Trustee shall, in good faith, mistakenly it shall pay over or distribute deliver to the Holders holders of Notes or to Debentures, the Company or to any other person cash, property moneys or securities assets to which any holders holder of Senior Debt shall be entitled by virtue of this Article XV 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.
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Samples: Junior Subordinated Indenture (Litchfield Financial Corp /Ma)
Trustee's Relation to Senior Debt. (a) The Trustee and any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV Eleven with respect to any Senior Debt that may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Third Supplemental Indenture shall deprive the Trustee or any paying agent Paying Agent of any of its rights as such holder.
(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 Article XVEleven, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Third Supplemental 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 15.2(b), Section 15.3(a) and Section 15.3(c)) and shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XV Eleven or otherwise.
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Trustee's Relation to Senior Debt. (a) The Trustee and any paying agent Paying Agent shall be entitled to all the rights set forth in this Article XV Eight with respect to any Senior Debt that of the Company which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Debt of the Company, and nothing in this Indenture shall deprive the Trustee or any paying agent Paying Agent of any of its rights as such holder.
(b) . 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 Article XVEight, 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 (except as provided in the last paragraph of Section 15.2(b), Section 15.3(a) 8.02 and Section 15.3(c8.03(b)) and ). The Trustee shall not be liable to any such holders if the Trustee shall, shall in good faith, faith mistakenly pay over or distribute to the Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article XV Eight or otherwise.
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