Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 of the Company and 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 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 26 contracts
Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (HIVE Digital Technologies Ltd.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity 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 Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 the provisions of the Company Sections 7.01 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 money moneys 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 24 contracts
Samples: Subordinated Indenture (60 Degrees Pharmaceuticals, Inc.), Subordinated Indenture (VCI Global LTD), Subordinated Indenture (Charles River Laboratories International, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 the provisions of the Company and Section 7.1, 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 person 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 19 contracts
Samples: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 5 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 9.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII5, 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 the provisions of the Company and Section 9.1, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 5 or otherwise.
Appears in 18 contracts
Samples: Indenture (Efficient Networks Inc), Indenture (Barnes & Noble Inc), Indenture (HNC Software Inc/De)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XII in Eight with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIEight, 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 of the Company and the (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 of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Eight or otherwise.
Appears in 10 contracts
Samples: Indenture (Tci Satellite Entertainment Inc), Indenture (Tci Satellite Entertainment Inc), Indenture (Axia Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.12 or elsewhere in this Indenture shall deprive the Trustee 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 7.06. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company Indebtedness, and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company Indebtedness, if it shall mistakenly pay over or deliver to holders of Subordinated Securities, the Company or any other Person money monies 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 7 contracts
Samples: First Supplemental Indenture (Consolidated Edison Co of New York Inc), Indenture (Kansas City Power & Light Co), Indenture (Kansas City Power & Light Co)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, 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 SecuritiesNotes, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 6 contracts
Samples: Indenture (Iomega Corp), Indenture (Telxon Corp), Indenture (Telxon 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 XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company 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 IV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 8.6. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company Section 4.2 and Section 8.1, 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 SecuritiesNotes, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 6 contracts
Samples: Indenture (Financial Federal Corp), Indenture (Alkermes Inc), Indenture (Sportsline Usa Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XII in Twelve with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIITwelve, 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 of the Company and the (except as provided in Section 12.03(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 of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Twelve or otherwise.
Appears in 6 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (HPH Homebuilders 2000 Lp), Indenture (Collins & Aikman Products Co)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 15 in respect of any Senior Indebtedness of the Company Issuer at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Issuer and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIssuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII15, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 of the Company Issuer and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company Issuer if it shall pay over or deliver to holders Holders of SecuritiesNotes, the Company Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company Issuer shall be entitled by virtue of this Article XII 15 or otherwise.
Appears in 5 contracts
Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.), Subordinated Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwiseFour.
Appears in 5 contracts
Samples: Indenture (Lattice Semiconductor Corp), Indenture (Getty Images Inc), Lease Agreement (Getty Images Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Section 613 of the Company and nothing Base Indenture or elsewhere in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to the Company’s obligations to the Trustee under Section 607 of the Base Indenture. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 Section 601 of the Company and Base Indenture, 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 SecuritiesHolders, the Company or any other Person 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 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 in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to the Company’s obligations to the Trustee under Section 7.7. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 the provisions of the Company and Section 7.1, 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 person 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 5 contracts
Samples: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere contained in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee (acting in any of its capacities) under or pursuant to Section 7.06 of the Base Indenture. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money moneys 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 5 contracts
Samples: First Supplemental Indenture (New York Community Bancorp Inc), First Supplemental Indenture (New York Community Capital Trust I), First Supplemental Indenture (New York Community Bancorp Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 13 in respect of any Senior Indebtedness of the Company Issuer at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Issuer and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIssuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII13, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 of the Company Issuer and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company Issuer if it shall pay over or deliver to holders of Securities, the Company Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company Issuer shall be entitled by virtue of this Article XII 13 or otherwise.
Appears in 5 contracts
Samples: Indenture (Concert Pharmaceuticals, Inc.), Indenture (Formfactor Inc), Indenture (Alnylam Pharmaceuticals, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of such Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII12, and no implied covenants or obligations with respect to the holders of such 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 of the Company and and, subject to the provisions of Section 8.01, 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 Securitiesany Holder, the Company or any other Person person money or assets to which any holder of such Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp), Indenture (Belden CDT Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of the Company which may at any time be held by it, 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 the second paragraph of Section 2.02 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 Section 7.07. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 the provisions of the Company Section 7.01 and Section 7.02, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall in good faith pay over or deliver to holders Holders of Securities, the Company or any other Person money monies 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 4 contracts
Samples: Subordinated Indenture (Genius Sports LTD), Subordinated Indenture (Vitru LTD), Subordinated Indenture (Arco Platform Ltd.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 15 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII15, 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 the provisions of the Company and Section 6.1, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 15 or otherwise.
Appears in 4 contracts
Samples: Indenture (Chapman Construction Co., L.P.), Indenture (Black Hills Holding Corp), Indenture (Black Hills Corp /Sd/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII12, 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 of the Company and 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 Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Planetout Inc), Indenture (E Trade Group Inc), Indenture (Comcast Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 11 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII11, 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 of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Securities or the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 4 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Alternative Living Services Inc), Indenture (Sterling House Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 10 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of such Senior Indebtedness of the Company Indebtedness, and nothing or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII10, and no implied covenants or obligations with respect to the holders of such 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 of the Company and and, subject to the provisions of Section 7.01, the Trustee shall not be liable to any holder of such Senior Indebtedness of the Company if it shall pay over or deliver to holders Holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 3 contracts
Samples: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Fifteen in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFifteen, 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 the provisions of the Company and Section 601, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Fifteen or otherwise.
Appears in 3 contracts
Samples: Indenture (Quantum Corp /De/), Indenture (Quantum Corp /De/), Reimbursement Agreement (Maxtor Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 15 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII15, 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 the provisions of the Company and Section 601, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 15 or otherwise.
Appears in 3 contracts
Samples: Indenture (Cypress Semiconductor Corp /De/), Indenture (Solectron Corp), Indenture (Solectron Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 the provisions of the Company and Section 7.1, 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 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 3 contracts
Samples: Indenture (Rainmaker Systems Inc), Indenture (Fairpoint Communications Inc), Indenture (Rainmaker Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by 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 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 of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money moneys 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 3 contracts
Samples: Indenture (Gilead Sciences Inc), Indenture (Alexion Pharmaceuticals Inc), Indenture (Venator Group Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 in respect of any Senior Indebtedness of the Company Issuer at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Issuer and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIssuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII12, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 of the Company Issuer and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company Issuer if it shall pay over or deliver to holders of Securities, the Company Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company Issuer shall be entitled by virtue of this Article XII 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 in its individual capacity shall will be entitled to all the rights set forth in this Article XII Eleven in respect of any Senior Indebtedness of the Company at any time held by it, it in its individual capacity to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere in this Indenture shall deprive will affect the right of the Trustee of to retain for its own account payments made on Senior Indebtedness held by the Trustee for its own account. The Trustee will not have any of its rights as such holder. With respect duty to the holders of Senior Indebtedness Indebtedness, and will not be liable to any of the Companythem, 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 of its covenants and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to the holders which any holder of Senior Indebtedness is entitled by virtue of the Company shall be read into this Indenture against the TrusteeArticle Eleven or otherwise. The Trustee shall not be deemed to owe have any fiduciary duty to the holders any holder of Senior Indebtedness of the Company and the Trustee shall not be liable Indebtedness. No implied covenant, or obligation, with respect 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of read into this Article XII or otherwiseIndenture.
Appears in 3 contracts
Samples: Indenture (Corpbanca/Fi), Indenture (Corpbanca/Fi), Indenture (Banco Santander Chile)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 the provisions of the Company and Section 601, 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 person 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 3 contracts
Samples: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp), Indenture (Ddi Capital Corp/Dynamic Details Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere contained in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 607 of the Base Indenture. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money moneys 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 3 contracts
Samples: Second Supplemental Indenture (Sovereign Capital Trust Iii), First Supplemental Indenture (Indymac Bancorp Inc), Third Supplemental Indenture (Sovereign Bancorp Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII V in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 9.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIV, 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 the provisions of the Company and Section 9.1, 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 Obligors or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII V or otherwise.
Appears in 2 contracts
Samples: Indenture (Valeant Pharmaceuticals International, Inc.), Indenture (Valeant Pharmaceuticals International)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 10 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII10, and no implied covenants or obligations with respect to the holders of such 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 of the Company and and, subject to the provisions of Section 7.1, the Trustee shall not be liable to any holder of such Senior Indebtedness of the Company if it shall pay over or deliver to holders Holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwiseFour.
Appears in 2 contracts
Samples: Indenture (Kulicke & Soffa Industries Inc), Indenture (Kulicke & Soffa Industries Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in Article 7 of the Company and nothing Base Indenture or elsewhere in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to the Company’s obligations to the Trustee under Article 7 of the Base Indenture. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 Article 7 of the Company and Base Indenture, 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 SecuritiesHolders, the Company or any other Person 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 2 contracts
Samples: First Supplemental Indenture (Origin Bancorp, Inc.), First Supplemental Indenture (TriState Capital Holdings, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Four or otherwise.
Appears in 2 contracts
Samples: Indenture (Brocade Communications Systems Inc), Indenture (Conexant Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII V in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 9.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIV, 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 the provisions of the Company and Section 9.01, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII V or otherwise.
Appears in 2 contracts
Samples: Indenture (Ask Jeeves Inc), Indenture (Iac/Interactivecorp)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII4, 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 the provisions of the Company and Section 8.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (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 of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise4.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XII in Eight with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIEight, 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 of the Company and the (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 Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Eight or otherwise.
Appears in 2 contracts
Samples: Indenture (Nbty Inc), Indenture (Tanner Chemicals Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 5 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in Section 9.11 or else wherein this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII5, 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 the provisions of the Company and Section 9.01, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 5 or otherwise.
Appears in 2 contracts
Samples: Indenture (Integra Lifesciences Holdings Corp), Indenture (Integra Lifesciences Holdings Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Junior Securities of any series or the Company or any other Person 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 2 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 13 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII13, 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 the provisions of the Company and Section 6.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesSecurities or any Coupon, the Company Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise13.
Appears in 2 contracts
Samples: Indenture (Nvidia Corp/Ca), Indenture (Nvidia Corp/Ca)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, 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 SecuritiesDebentures, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 2 contracts
Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all of the rights set forth in this Article XII 11 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII11, 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 of the Company and and, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company or any Representative if it shall pay over or deliver to holders Holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company or such Representative shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XII in Eight with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIEight, 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 of the Company and the (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 or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Eight or otherwise.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIII in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIXIII, 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 of the Company and 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII XIII or otherwise.
Appears in 2 contracts
Samples: Indenture (Revlon Inc /De/), Indenture (Taylor Morrison Home Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Subordinated Securities of any series or the Company or any other Person 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 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of ---- its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII4, 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 the provisions of the Company and Section 8.01, the Trustee shall not be liable to any holder of ---- Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise.4. -
Appears in 1 contract
Samples: Indenture (Axcelis Technologies Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any paying agent shall be entitled to all the rights set forth in this Article XII in 4 with respect of to any Senior Indebtedness of the Company which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee or any paying agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII4, 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 of the Company (except as provided in Section 4.02(b) and the 4.03(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 Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness of the Company if it shall pay over or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 4 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to 50 60 such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Four or otherwise.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 of the Company (or any other Person) and 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 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 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.01, 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 SecuritiesDebentures, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Four or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 10 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII10, 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 the provisions of the Company and Section 7.01, 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 1 contract
Samples: Indenture (Atmel Corp)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 16 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Article 16 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII16, 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 the provisions of the Company and Section 6.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay 98 over or deliver money to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise16.
Appears in 1 contract
Samples: Indenture (Andrew Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 1 contract
Samples: Indenture (Cke Restaurants Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 15 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII15, 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 the provisions of the Company and Section 7.01, 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 SecuritiesNoteholders, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 15 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XI in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIXI, 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 and Paying Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness or representative if any sums are paid over or distributed to Holders of the Company if it shall pay over Securities or deliver to holders of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII XI or otherwise.
Appears in 1 contract
Samples: Indenture (American Retirement Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Six A in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 604 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIISix A, 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 of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Company Securities or the Issuer or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Six A or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Liberty Property Limited Partnership)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII III in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in this Section 3.7 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIII, 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 shall not be liable, in the absence of the Company and Trustee's gross negligence or willful misconduct, to any such holder if the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Notes or the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII III or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIV in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIXIV, 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 of the Company and 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII XIV or otherwise.
Appears in 1 contract
Samples: Indenture (NetApp, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company and nothing elsewhere contained in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee (acting in any of its capacities) under or pursuant to Section 6.07 of the Base Indenture. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money moneys 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: First Supplemental Indenture (New York Community Bancorp Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 7 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this First Supplemental Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII7, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company 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 of the Company and Indebtedness, and, except with respect to its express obligations under this Article 7, 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 SecuritiesNotes, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 7 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 hereof or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII, 4 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 the provisions of the Company and Section 8.01 hereof, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise4.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 6 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 10.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII6, 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 Indebtedness, and, subject to the provisions of the Company and Section 10.01, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 6 or otherwise.
Appears in 1 contract
Samples: Indenture (Polymedica Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 11.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 the provisions of the Company and Section 11.1, 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 SecuritiesNotes, the Company or any other Person 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 1 contract
Samples: Indenture (Kroll Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and this Indenture, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 4 or otherwise.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to 44 53 such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Four or otherwise.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 of the Company and 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 money 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: Subordinated Indenture (Emagin Corp)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 1 contract
Samples: Indenture (Amazon Com Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in ----------------------------------------- its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwiseFour.
Appears in 1 contract
Samples: Indenture (Viropharma Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in ----------------------------------------- its individual capacity shall be entitled to all the rights set forth in this Article XII 14 in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII14, 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 of the Company and 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 14 or otherwise.
Appears in 1 contract
Samples: Indenture (Viropharma Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII12, 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 of the Company and the Trustee shall not be liable to any such holder of Senior Indebtedness of the Company if it shall mistakenly pay over or deliver distribute to holders Holders of Securities, the Securities or the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 1 contract
Samples: Indenture (National Healthcare Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 11 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII11, 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 the provisions of the Company and Section 7.01, 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 11 or otherwise.
Appears in 1 contract
Samples: Indenture (Netease Com Inc)
Trustee's Relation to Senior Indebtedness. The Except as otherwise provided in the Trust Indenture Act, the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Notwithstanding anything in this Indenture or in the Securities of any series, nothing in this Article 16 shall apply to claims of or payment to the Trustee under or pursuant to Section 6.6. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII16, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money moneys or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 16 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Thirteen in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIThirteen, 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 the provisions of the Company and Section 6.1, 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 SecuritiesSecurities or any coupons appertaining thereto, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Thirteen or otherwise.
Appears in 1 contract
Samples: Indenture (Baan Co N V)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII IV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIIV, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII IV or otherwise.
Appears in 1 contract
Samples: Indenture (Cymer Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Twelve in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in this Section or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIITwelve, 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 the provisions of the Company and Section 5.1, 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 Issuer or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Twelve or otherwise.
Appears in 1 contract
Samples: Indenture (Crane Co /De/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by 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 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 7.7. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 SecuritiesHolders, the Company or any other Person money monies 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: Indenture (Scios Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, ----------------------------------------- in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwiseFour.
Appears in 1 contract
Samples: Indenture (Semtech Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to the Company’s obligations to the Trustee under Section 7.7. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 the provisions of the Company and Section 7.1, 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 person 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 1 contract
Samples: Subordinated Debt Indenture (Northwest Bancshares, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XI in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIXI, 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 of the Company and 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII XI or otherwise.
Appears in 1 contract
Samples: Indenture (E Trade Financial Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 13 in respect of any Senior Indebtedness of the Company at any time held by 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 of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII13, 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 of the Company and 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 13 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Fourteen in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 5.6 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFourteen, 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 the provisions of the Company and Section 5.1, 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 Issuer or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Fourteen or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Tyco International LTD /Ber/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company an Obligor at any time held by it, to the same extent as any other holder of such Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the Companyan Obligor, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to the holders of such 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 of an Obligor and, subject to the Company and provisions of Section 7.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company an Obligor if it shall pay over or deliver to holders of Securitiesany Holder, any Beneficiary, the Company or any other Person person money or assets to which any holder of such Senior Indebtedness of the Company shall be entitled by virtue of this Article XII or otherwise.
Appears in 1 contract
Samples: Indenture (Best Buy Co Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its ----------------------------------------- individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Four or otherwise.
Appears in 1 contract
Samples: Indenture (Riverstone Networks Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 9.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII4, 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 the provisions of the Company and Section 9.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (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 of SecuritiesDebentures, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise4.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. (a) The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 5 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. .
(b) With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII5, 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 the provisions of the Company and Section 9.1, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 5 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 the provisions of the Company and Section 7.1, 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 Issuers or any other Person person, 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 1 contract
Samples: Indenture (Daron Coal Company, LLC)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 12 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII12, 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 the provisions of the Company and Section 7.01, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 12 or otherwise.
Appears in 1 contract
Samples: Indenture (Genesco Inc)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 16 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Article 16 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII16, 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 the provisions of the Company and Section 6.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (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 of Securities, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise16.
Appears in 1 contract
Samples: Indenture (Commscope Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Fifteen in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFifteen, 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 the provisions of the Company and Section 601, 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Fifteen or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 4 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII4, 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 the provisions of the Company and Section 8.01, 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 money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 4 or otherwise.
Appears in 1 contract
Samples: Indenture (CBIZ, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Twelve in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 5.6 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIITwelve, 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 the provisions of the Company and Section 5.1, 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 Issuer or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Twelve or otherwise.
Appears in 1 contract
Samples: Subordinated Indenture (Tyco International LTD /Ber/)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII Four in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIFour, 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 30 38 deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of the Company and Section 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to holders of SecuritiesNotes, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwiseFour.
Appears in 1 contract
Samples: Indenture (Burr Brown Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in with respect of to any Senior Indebtedness of at the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate to Senior Indebtedness the claims of, or payments to, the Trustee under or pursuant to Section 607. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 and the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and 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 SecuritiesHolders, the Company or any other Person money monies 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
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 10 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII10, 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 of the Company and Indebtedness, and, except with respect to its express obligations under this Article 10, 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 person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 10 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 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 of the Company and 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 person 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 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article XII 5 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 9.14 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII5, 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 the provisions of the Company and Section 9.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company (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 of SecuritiesDebentures, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of in compliance with this Article XII or otherwise5.
Appears in 1 contract
Samples: Indenture (Lucent Technologies Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIArticle, 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 of the Company and 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 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 1 contract
Samples: Indenture (Ventro Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Thirteen in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XIIThirteen, 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 the provisions of the Company and Section 601, 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 SecuritiesDebentures, the Company or any other Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII Thirteen or otherwise.
Appears in 1 contract
Samples: Indenture (Utilicorp United Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 16 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness of the Company Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness of the CompanyIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XII16, 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 the provisions of the Company and Section 8.01, 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 SecuritiesNotes, the Company or any other Person person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article XII 16 or otherwise.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)
