Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 24 contracts
Samples: Satisfaction and Discharge of Indenture (60 Degrees Pharmaceuticals, Inc.), Default and Remedies (SharpLink Gaming, Inc.), VCI Global LTD
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may of the Company at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness 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 XII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Sections 7.01 Company and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII or otherwise.
Appears in 23 contracts
Samples: Indenture (Armour Residential REIT, Inc.), Indenture (Digihost Technology Inc.), Indenture (Armour Residential REIT, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XII, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 19 contracts
Samples: China Natural Resources Inc, GTT Communications, Inc., Indenture (Advanced Battery Technologies, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 9.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 9.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 5 or otherwise.
Appears in 18 contracts
Samples: Indenture (Cephalon Inc), Indenture (Rf Micro Devices Inc), Registration Rights Agreement (Citigroup Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eight with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eight, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the (except as provided in Section 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Eight or otherwise.
Appears in 10 contracts
Samples: Indenture (America Bank Note Holographics Inc), Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc), Tci Satellite Entertainment Inc
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.12 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, of or payments to, to the Trustee under or pursuant to 7.07Section 7.06. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness andIndebtedness, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness Indebtedness, if it shall mistakenly pay over or deliver to Holders holders of Subordinated Securities, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 7 contracts
Samples: Consolidated Edison Co of New York Inc, Indenture (Kansas City Power & Light Co), Consolidated Edison (Consolidated Edison Co of New York Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 6 contracts
Samples: Indenture (Alkermes Inc), Indenture (Alkermes Inc), Financial Federal Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 6 contracts
Samples: Indenture (Telxon Corp), Indenture (Telxon Corp), Indenture (National Semiconductor Corp)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Twelve with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Twelve, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the (except as provided in Section 12.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 6 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/), Indenture (Collins & Aikman Products Co)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eleven, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the (except as provided in Section 11.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Eleven or otherwise.
Appears in 5 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Standard Pacific Corp /De/
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 5 contracts
Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of money in compliance with this Article or otherwiseFour.
Appears in 5 contracts
Samples: Lease (Getty Images Inc), Indenture (Imclone Systems Inc/De), Indenture (Lattice Semiconductor Corp)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 13 in respect to of any Senior Indebtedness which may of the Issuer at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Issuer and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness of the Issuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 13, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Issuer 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 Indebtedness and, subject to of the provisions of Sections 7.01 Issuer and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Issuer if it shall pay over or deliver to Holders holders of Securities, the Company Issuer or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article 13 or otherwise.
Appears in 5 contracts
Samples: Concert Pharmaceuticals, Inc., Indenture (Alnylam Pharmaceuticals, Inc.), Formfactor Inc
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing contained 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 (acting in any of its capacities) under or pursuant to 7.07Section 7.06 of the Base Indenture. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: New York Community Bancorp Inc, Supplemental Indenture (New York Community Capital Trust I), Supplemental Indenture (New York Community Bancorp Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may of the Issuer at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Issuer and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness of the Issuer, 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 Indebtedness of the Issuer 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 Indebtedness and, subject to of the provisions of Sections 7.01 Issuer and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Issuer if it shall pay over or deliver to Holders of SecuritiesNotes, the Company Issuer or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article 15 or otherwise.
Appears in 5 contracts
Samples: Indenture (Healthcare Trust of America Holdings, LP), Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Company’s obligations to the Trustee under or pursuant to 7.07Section 7.7. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XII, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 5 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.), Mercantile Bank Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Section 613 of the Base Indenture or elsewhere in the Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Company’s obligations to the Trustee under or pursuant to 7.07Section 607 of the Base Indenture. With respect to the holders of Senior Indebtedness, 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 Indebtedness 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 601 of the Base Indenture, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: First Supplemental Indenture (Premier Financial Corp), First Supplemental Indenture (Park National Corp /Oh/), First Supplemental Indenture (Enterprise Financial Services Corp)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of Securities, the Company Issuer or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Planetout Inc), Indenture (Texas Instruments Inc), Indenture (Comcast Corp)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article 4 shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 4 or otherwise.
Appears in 4 contracts
Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 11 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 11, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness if it shall mistakenly pay over or deliver distribute to Holders of Securities, the Securities or the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 4 contracts
Samples: Indenture (Rent Way Inc), Indenture (Alternative Living Services Inc), Sterling House Corp
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in the second paragraph of Section 2.02 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections Section 7.01 and Section 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Securities, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Genius Sports LTD, Vitru LTD, Arco Platform Ltd.
Trustee's Relation to Senior Indebtedness. The Trustee and ----------------------------------------- any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 4 contracts
Samples: Indenture (Level One Communications Inc /Ca/), E Trade Group Inc, Premiere Technologies Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 10 in respect to of any Senior Indebtedness which may of the Company at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of such Senior Indebtedness Indebtedness, and nothing in this Article 10 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in The provisions of this Article 10 shall not apply to claims of, or payments to, the Trustee Trustee's rights under or pursuant to 7.07Section 7.07 hereof. With respect to the holders of Senior IndebtednessIndebtedness 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 10, and no implied covenants or obligations with respect to the holders of such Senior 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 Indebtedness of the Company and, subject to the provisions of Sections Section 7.01 and 7.02hereof, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 4 contracts
Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Austin Funding Com Corp), Indenture (Wellpoint Health Networks Inc /De/)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing contained 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 7.07Section 607 of the Base Indenture. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Supplemental Indenture (Sovereign Bancorp Inc), Sovereign Capital Trust Iii, Indymac Bancorp Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article Thirteen shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Thirteen or otherwise. No recourse may be taken with respect to the obligations of the Issuer or the Trustee against the Trustee in its individual capacity.
Appears in 3 contracts
Samples: Subordinated Indenture (Union Bankshares Corp), Eagle Bancorp Inc, Eagle Bancorp Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XII, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 3 contracts
Samples: Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, of or payments to, to the Trustee under or pursuant to Section 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Gilead Sciences Inc), Venator Group Inc, Alexion Pharmaceuticals Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall will be entitled to all the rights set forth in this Article with Eleven in respect to of any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive will affect the right of the Trustee or any such agent, of any of to retain for its rights as such holder. Nothing in this Article shall apply to claims of, or own account payments to, made on Senior Indebtedness held by the Trustee under or pursuant to 7.07for its own account. With respect The Trustee will not have any duty to the holders of Senior Indebtedness, and will not be liable to any of them, if the Trustee undertakes will pay over or distribute to perform Holders of Subordinated Securities or the Bank or any other person moneys or assets or securities to observe only such which any holder of its covenants and obligations as are specifically set forth in Senior Indebtedness is entitled by virtue of this ArticleArticle Eleven or otherwise. The Trustee shall not be deemed to have any fiduciary duty to any holder of Senior Indebtedness. No implied covenant, and no implied covenants or obligations obligation, with respect to the holders any holder of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseIndenture.
Appears in 3 contracts
Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Banco Santander Chile
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article Fifteen with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article Fifteen shall apply to claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 506 and 606. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Fifteen or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article Fifteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 3 contracts
Samples: Subordinated Indenture (National City Corp), National City Corp, National City Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company any Guarantor or the Trustee shall be entitled to all the rights set forth in this Article 11 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 11, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders of SecuritiesHolders, the Company such Guarantor or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise. Nothing in this Section 11.04 shall affect the obligation of any other such Person receiving such payment or distribution from the Trustee or any other Agent to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness.
Appears in 3 contracts
Samples: Couche Tard (3055854 Nova Scotia Co), Affinity Group Inc, Affinity Group Holding, Inc.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may of the Issuer at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Issuer and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness of the Issuer, 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 Indebtedness of the Issuer 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 Indebtedness and, subject to of the provisions of Sections 7.01 Issuer and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Issuer if it shall pay over or deliver to Holders holders of Securities, the Company Issuer or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article 12 or otherwise.
Appears in 3 contracts
Samples: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Cable Communications Inc), Indenture (Comcast Mo Group Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 601, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc), Ddi Corp, Ddi Corp
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in the first paragraph of Section 6.14 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 6.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 6.01 and 7.02Section 6.03, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Securities, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Pinnacle Financial Partners Inc, Engility Holdings, Inc., ServisFirst Bancshares, Inc.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article Fifteen with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article Fifteen shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 506 and 606. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Fifteen or otherwise. No recourse may be taken with respect to the obligations of the Issuer or the Trustee against the Trustee in its individual capacity.
Appears in 3 contracts
Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Entegra Financial Corp.
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 607. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 601 and 7.02603, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Subordinated Indenture (Royalty Pharma Holdings Ltd.), Subordinated Indenture (Royalty Pharma Holdings Ltd.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Seven with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in the Indenture or this Supplemental Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 Indebtedness shall be read into the Indenture or this Supplemental Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the (except as provided in Section 7.3(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Seven or otherwise.
Appears in 2 contracts
Samples: Constellation Brands Inc, Canandaigua LTD
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesDebentures, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eight with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eight, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the (except as provided in Section 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Eight or otherwise. Each Paying Agent shall be subject to the same obligations under this Article Eight as is the Trustee.
Appears in 2 contracts
Samples: Indenture (Gentek Inc), Indenture (General Chemical Group Inc)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 6.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 6.01 and 7.02Section 6.03, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Securities, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Air Industries Group, Air Industries Group
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Article 7 of the Base Indenture or elsewhere in the Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Company’s obligations to the Trustee under or pursuant to 7.07Article 7 of the Base Indenture. With respect to the holders of Senior Indebtedness, 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 Indebtedness 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Article 7 of the Base Indenture, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: First Supplemental Indenture (Origin Bancorp, Inc.), First Supplemental Indenture (TriState Capital Holdings, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.01, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver money to Holders holders of SecuritiesNotes, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of in compliance with this Article or otherwise4.
Appears in 2 contracts
Samples: LTX Corp, Globespan Inc/De
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XIII in respect to of any Senior Indebtedness which may of the Company at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness 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 XIII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Sections 7.01 Company and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XIII or otherwise.
Appears in 2 contracts
Samples: Revlon Inc /De/, Taylor Morrison Home Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Indebtedness. The Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesNotes, the Company or any other Person moneys person monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise, except if such payment is made as a result of the willful misconduct or gross negligence of the Trustee.
Appears in 2 contracts
Samples: K&f Industries Inc, K&f Industries Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 4.2, 4.5 and 7.028.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 2 contracts
Samples: International Shipholding Corp, International Shipholding Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all of the rights set forth in this Article with 11 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 11, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness or any Representative if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness or such Representative shall be entitled by virtue of this Article 11 or otherwise.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article XV with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series to the contrary, nothing in this Article XV shall apply to claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 506 and 606. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XV, and no implied covenants covenants, duties, or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee does not owe and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise.
Appears in 2 contracts
Samples: Indenture (Home Bancshares Inc), Indenture (Firstmerit Corp /Oh/)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 9 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 9, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness Indebtedness, and, subject except with respect to the provisions of Sections 7.01 and 7.02its express obligations under this Article 9, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 9 or otherwise.
Appears in 2 contracts
Samples: Indenture (Caci International Inc /De/), Acceptance Corporation (World Acceptance Corp)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 7.7. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 7.1 and 7.027.2, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Aes Trust V), Aes Trust Ii
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness if it shall mistakenly pay over or deliver distribute to Holders of Securities, the Junior Securities of any series or the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.10 or Section 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Banco Santander (Banco Santander (Brasil) S.A.), Banco Santander (Banco Santander (Brasil) S.A.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise. Nothing in this Section 12.04 shall affect the obligation of any other such Person receiving such payment or distribution from the Trustee or any other Agent to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise. Nothing in this Section 12.04 shall affect the obligation of any other such Person receiving such payment or distribution from the Trustee or any other Agent to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Transportation Technologies Industries Inc), Brickman Group LTD
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with V in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 9.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle V, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 9.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Obligors or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article V or otherwise.
Appears in 2 contracts
Samples: Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 4.2, 4.5 and 7.028.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesDebentures, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 2 contracts
Samples: Indenture (Xcyte Therapies Inc), And (Xcyte Therapies Inc)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in the Trust Indenture Act or in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 607. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 601 and 7.02603, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Subordinated Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Carlisle Companies Inc, Carlisle Companies Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company Issuer or the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness 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 Indebtedness and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 6.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 6.1 and 7.026.2, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Securities, the Company Issuer or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Freeport McMoran Copper & Gold Inc, McMoran Exploration Co /De/
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall pay over or deliver distribute to or on behalf of Holders of Securities, or the Company or any other Person moneys person money or assets to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Article, except if such payment is made as a result of willful misconduct or otherwisegross negligence of the Trustee. Whenever a distribution is to be made or a notice given to holders or owners of Senior Indebtedness, the distribution may be made and the notice given to their Representatives, if any.
Appears in 2 contracts
Samples: Tracor Inc /De, Federal Data Corp /Fa/
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.
Appears in 1 contract
Samples: Indenture (Genesco Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article 16 shall apply to claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Section 6.6. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 16, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 16 or otherwise.
Appears in 1 contract
Samples: Summit Bancorp/Nj/
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Fifteen in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 601, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Fifteen or otherwise.
Appears in 1 contract
Samples: Ucu Capital Trust I
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article V with respect to any Senior Indebtedness which may or Other Company Obligations at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this the Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in the Indenture or in the Securities, nothing in this Article V shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07the Indenture. With respect to the holders of Senior IndebtednessIndebtedness and Other Company Obligations, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle V, and no implied covenants or obligations with respect to the holders of Senior Indebtedness and Other Company Obligations 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, Other Company Obligations and the Trustee shall not be liable to any holder of Senior Indebtedness or Other Company Obligations if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness or Other Company Obligations shall be entitled by virtue of this Article V or otherwise. No recourse may be taken with respect to the obligations of the Company or the Trustee against the Trustee in its individual capacity and the Trustee shall have no liability or responsibility for the action or inaction of any trustee in connection with the Senior Indebtedness or otherwise any liability or responsibility for the Senior Indebtedness or Other Company Obligations.
Appears in 1 contract
Samples: First Supplemental Indenture (Western Alliance Bancorporation)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Thirteen in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 6.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesSecurities or any coupons appertaining thereto, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Thirteen or otherwise.
Appears in 1 contract
Samples: Baan Co N V
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 9.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 9.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 5 or otherwise.
Appears in 1 contract
Samples: Indenture (Penney J C Co Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness if it shall mistakenly pay over or deliver distribute to Holders of Securities, the Subordinated Securities of any series or the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may of the Company at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness 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 XII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Sections 7.01 Company and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money, property, securities or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Emagin Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 7 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this First Supplemental Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 7, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this First Supplemental Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness Indebtedness, and, subject except with respect to the provisions of Sections 7.01 and 7.02its express obligations under this Article 7, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 7 or otherwise.
Appears in 1 contract
Samples: Indenture (Penn Virginia Corp)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in the Trust Indenture Act or in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 6.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 6.01 and 7.026.03, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall in good faith pay over or deliver to Holders of Subordinated Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Contifinancial Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Ventro Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XII in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XII, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eleven with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eleven, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or deliver to the Holders of SecuritiesNotes, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise. Nothing in this Section 11.04 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 Indebtedness or their applicable representative or representatives.
Appears in 1 contract
Samples: Indenture (Oglebay Norton Co /New/)
Trustee's Relation to Senior Indebtedness. 70 71 The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eight with respect to any Senior Indebtedness 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 Indebtedness of the Company, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness 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 Eight, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Sections 7.01 and 7.02, the Company (except as provided in Section 8.03(b)). The Trustee shall not be liable to any holder such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Eight or otherwise.
Appears in 1 contract
Samples: Indenture (Scot Inc)
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, of or payments to, to the Trustee under or pursuant to 7.07Section 607. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Lsi Logic Corp
Trustee's Relation to Senior Indebtedness. 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 Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 7.01 and 7.027.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Mobileye Global Inc.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Twelve in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Section or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Twelve, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 5.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Issuer or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 1 contract
Samples: Indenture (Crane Co /De/)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesDebentures, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 1 contract
Samples: Alkermes Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XI in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XI, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee and Paying Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness or representative if it shall pay any sums are paid over or deliver distributed to Holders of Securities, the Securities or the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XI or otherwise.
Appears in 1 contract
Samples: American Retirement Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article Thirteen shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Thirteen or otherwise. No recourse may be taken with respect to the obligations of the Company or the Trustee against the Trustee in its individual capacity.
Appears in 1 contract
Samples: BNC Bancorp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article XV with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Subordinated Securities, nothing in this Article XV shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XV, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. No recourse may be taken with respect to the obligations of the Company or the Trustee against the Trustee in its individual capacity and the Trustee shall have no liability or responsibility for the action or inaction of any trustee in connection with the Senior Indebtedness or otherwise any liability or responsibility for the Senior Indebtedness.
Appears in 1 contract
Samples: Franklin Financial Network Inc.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Indebtedness which may or Other Company Obligations at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Subordinated Securities, nothing in this Article 14 shall apply to or limit claims of, of or payments to, payment to the Trustee under or pursuant to 7.07this Indenture. With respect to the holders of Senior IndebtednessIndebtedness and Other Company Obligations, 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 Indebtedness and Other Company Obligations 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, Other Company Obligations and the Trustee shall not be liable to any holder of Senior Indebtedness or Other Company Obligations if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness or Other Company Obligations shall be entitled by virtue of this Article 14 or otherwise. No recourse may be taken with respect to the obligations of the Company or the Trustee against the Trustee in its individual capacity and the Trustee shall have no liability or responsibility for the action or inaction of any trustee in connection with the Senior Indebtedness or otherwise any liability or responsibility for the Senior Indebtedness or Other Company Obligations.
Appears in 1 contract
Samples: Indenture (First Busey Corp /Nv/)
Trustee's Relation to Senior Indebtedness. The Trustee ----------------------------------------- and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article IV or otherwise.
Appears in 1 contract
Samples: Park Electrochemical Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article IV shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07Section 8.6. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 Section 4.2 and 7.02Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.any
Appears in 1 contract
Samples: S3 Inc
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, of or payments to, to the Trustee under or pursuant to 7.07Section 7.7. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Indenture (Scios Inc)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 11 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 11, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 1 contract
Samples: Netease Com Inc
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply subordinate to Senior Indebtedness the claims of, or payments to, the Trustee under or pursuant to 7.07Section 607. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, Article and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee and the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02this Indenture, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 4 or otherwise.
Appears in 1 contract
Samples: Conexant Systems Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with XIV in respect to of any Senior Indebtedness which may of the Company at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior IndebtednessIndebtedness 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 XIV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Sections 7.01 Company and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XIV or otherwise.
Appears in 1 contract
Samples: Indenture (NetApp, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness if it shall mistakenly pay over or deliver distribute to Holders of Securities, the Securities or the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.
Appears in 1 contract
Samples: Indenture (National Healthcare Corp)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company Issuers or the Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders of SecuritiesHolders, the Company Issuers or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise. Nothing in this Section 12.04 shall affect the obligation of any other such Person receiving such payment or distribution from the Trustee or any other Agent to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness.
Appears in 1 contract
Samples: Couche Tard (3055854 Nova Scotia Co)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article 11 with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 11, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Indebtedness. The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee Paying Agent shall be entitled to all the rights set forth in this Article Eight with respect to any Senior Indebtedness 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 Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, Paying Agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eight, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Indebtedness. The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article Eight or otherwise.
Appears in 1 contract
Samples: Carson Products Co
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Six A in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 604 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Six A, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holder of Senior Indebtedness if it shall mistakenly pay over or deliver distribute to Holders of Securities, the Company Securities or the Issuer or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Six A or otherwise.
Appears in 1 contract
Samples: Liberty Property Limited Partnership
Trustee's Relation to Senior Indebtedness. 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 Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness and nothing contained 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 (acting in any of its capacities) under or pursuant to 7.07Section 6.07 of the Base Indenture. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: New York Community Bancorp Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants duties, covenants, responsibilities and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants duties, covenants, responsibilities or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise. Whenever a distribution is to be made or a notice given to holders or owners of Senior Indebtedness, the distribution may be made and the notice may be given to their Representative, if any.
Appears in 1 contract
Samples: Chancellor Media Mw Sign Corp
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 7.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Issuers or any other Person moneys person, money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 1 contract
Samples: Daron Coal Company, LLC
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of Except as otherwise provided in the Company or Trust Indenture Act, the Trustee shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Indebtedness which may at any the time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing Notwithstanding anything in this Indenture or in the Securities of any series to the contrary, nothing in this Article 14 shall apply to claims of, of or payments to, payment to the Trustee under or pursuant to 7.07Sections 5.6 and 6.7. With respect to the holders of Senior Indebtedness, 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 covenants, duties, or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee does not owe and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company Corporation or any other Person moneys monies or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 14 or otherwise.
Appears in 1 contract
Samples: Indenture (FNB Corp/Fl/)
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or 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 Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 4 or otherwise.
Appears in 1 contract
Samples: CBIZ, Inc.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness 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 Indebtedness and nothing in this Indenture shall deprive the Trustee or any such agent, agent of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07. With respect to the holders of Senior Indebtedness, 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 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders of SecuritiesHolders, the Company or any other Person Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise. Nothing in this Section 12.04 shall affect the obligation of any other such Person receiving such payment or distribution from the Trustee or any other Agent to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Thirteen in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 601, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesDebentures, the Company or any other Person moneys money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article Thirteen or otherwise.
Appears in 1 contract
Samples: Utilicorp United Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 16 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 16, and no implied covenants or obligations with respect to the holders of Senior 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 Indebtedness and, subject to the provisions of Sections 7.01 and 7.02Section 8.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesNotes, the Company or any other Person moneys person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 16 or otherwise.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)
