Common use of Trustee's Relation to Senior Indebtedness Clause in 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 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, 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 12, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of 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 any Holder, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 1215, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.016.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 15 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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, 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 1210, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.017.01, the Trustee shall not be liable to any holder of such Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, 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 12 10 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 613 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 12Fifteen, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.01601, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 Fifteen or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 613 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 1215, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.01601, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 15 or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 9.11 or elsewhere in 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 125, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.019.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 5 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12V, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.019.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 V or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 1213, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.016.01, 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 Securities or any HolderCoupon, the Company Issuer or any other person Person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of in compliance with this Article 12 or otherwise13.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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, 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 1210, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.017.01, the Trustee shall not be liable to any holder of such Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders, the Company or any other person Person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 10 or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12Four, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of 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 any Holderholders of Notes, the Company or any other person Person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of in compliance with this Article 12 or otherwiseFour.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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, 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 1210, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.017.1, the Trustee shall not be liable to any holder of such Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, 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 12 10 or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12Four, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.018.1, 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 any Holderholders of Notes, the Company or any other person Person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 Four or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.01, the (except as provided in SECTION 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12IV, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.018.1, 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 any Holderholders of Notes, the Company or any other person Person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 IV or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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, and nothing in Section 8.11 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 12XII, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company an Obligor and, subject to the provisions of Section 8.017.1, 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 any Holder, any Beneficiary, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 XII or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12XII, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.017.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 XII or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12Twelve, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.015.1, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any HolderHolders of Securities, the Company Issuer or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 Twelve or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.01, the (except as provided in Sections 8.02(b) and 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

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 12 in Eight with respect of to any Senior Indebtedness of the Company that 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 8.02(c) or 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

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 12 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 such Senior 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 Companyand their Representatives, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 1213, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness or their Representatives shall be read into this Indenture against the Trustee. The Trustee does not and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company or their Representatives and, subject to the provisions of Section 8.017.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company or their Representatives (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver money to any Holderholders of Notes, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 12 or otherwise13.

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, Indebtedness of the Company 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 1213, 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, subject to the provisions of Section 8.01, and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to any Holderholders of Securities, 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 12 13 or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. 71 -64- 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 Eight or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 1216, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.016.01, 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 any Holderholders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 12 or otherwise16.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 12Eight, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Securities or to the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.or

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 12 in 10 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 such Senior Indebtedness, and nothing in Section 8.11 or 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 1210, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of (except as provided in Section 8.01, the 10.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness of such holders if the Company if it Trustee shall in good faith mistakenly pay over or deliver distribute to any Holder, Holders of Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of such Senior Indebtedness shall be entitled by virtue of this Article 12 10 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee in ----------------------------------------- its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 ------- 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 12IV, and no implied covenants or ---------- obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.018.1, the Trustee shall not be liable to any holder of ----------- Senior Indebtedness of the Company if it shall pay over or deliver to any Holderholders of Securities, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 IV or otherwise.. ----------

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 12 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 such Senior Indebtedness, and nothing in Section 8.11 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 12IV, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.018.1, 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 any Holderholders of Notes, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 12 IV or otherwise.

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 12 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 such Senior Indebtedness, and nothing in Section 8.11 5.12 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 1213, and no implied covenants or obligations with respect to the holders of such Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and, subject to the provisions of Section 8.01, and 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 any HolderHolders, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 12 or otherwise13.