Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any 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 shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 5 contracts
Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc
Trustee's Relation to Senior Indebtedness. The Trustee and ----------------------------------------- any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article IV in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 4.2 and Section 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Notes, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 IV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 4 contracts
Samples: Indenture (Level One Communications Inc /Ca/), E Trade Group Inc, Premiere Technologies Inc
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 4 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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 4 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 4, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 4.2 and Section 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Notes, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 4 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 4 contracts
Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis 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 in Fifteen with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 Fifteen shall apply to claims of or payment to the Trustee under or pursuant to Sections 506 and 606. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Fifteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Fifteen or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 Fifteen and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 3 contracts
Samples: Subordinated Indenture (National City Corp), National City Corp, National City Corp
Trustee's Relation to Senior Indebtedness. The 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 in Thirteen with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 Thirteen shall apply to or limit claims of or payment to the Trustee under or pursuant to Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Thirteen or otherwise. The Trustee shall not No recourse may be charged taken with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders obligations of Senior Indebtedness, the Issuer or the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the TrusteeTrustee in its individual capacity.
Appears in 3 contracts
Samples: Subordinated Indenture (Union Bankshares Corp), Eagle Bancorp Inc, Eagle Bancorp Inc
Trustee's Relation to Senior Indebtedness. The 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 in Fifteen with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 Fifteen shall apply to or limit claims of or payment to the Trustee under or pursuant to Sections 506 and 606. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Fifteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Fifteen or otherwise. The Trustee shall not No recourse may be charged taken with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders obligations of Senior Indebtedness, the Issuer or the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the TrusteeTrustee in its individual capacity.
Appears in 3 contracts
Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Southern First Bancshares Inc), Entegra Financial Corp.
Trustee's Relation to Senior Indebtedness. The Trustee and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article IV in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 4.2, 4.5 and 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Notes, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 IV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: International Shipholding Corp, International Shipholding Corp
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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.1 and 7.2, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Securities, the Company or to any other person cash, property moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Indenture (Aes Trust V), Aes Trust Ii
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 in Ten with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to or on behalf of Holders of Securities or to the Company or to any other person cash, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 Article, except if such payment is made as a result of willful misconduct or otherwise. The Trustee shall not be charged with knowledge gross negligence of the existence of Senior Indebtedness Trustee. Whenever a distribution is to be made or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice given to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders or owners of Senior Indebtedness, the Trustee undertakes distribution may be made and the notice given to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trusteetheir Representatives, if any.
Appears in 2 contracts
Samples: Federal Data Corp /Fa/, Tracor Inc /De
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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 the Trust Indenture Act 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 607. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 601 and 603, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Subordinated Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Carlisle Companies Inc, Carlisle Companies 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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 6.01 and Section 6.03, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Air Industries Group, Air Industries Group
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 9 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 9, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and Indebtedness, and, except with respect to its express obligations under this Article 9, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 9 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Acceptance Corporation (World Acceptance Corp), Indenture (Caci International Inc /De/)
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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 601 and 603, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Subordinated Indenture (Royalty Pharma Holdings Ltd.), Subordinated Indenture (Royalty Pharma Holdings 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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.10 or Section 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Banco Santander (Banco Santander (Brasil) S.A.), Banco Santander (Banco Santander (Brasil) S.A.)
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 in XV with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 to the contrary, nothing in this Article XV shall apply to claims of or payment to the Trustee under or pursuant to Sections 506 and 606. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XV, and no implied covenants covenants, duties, or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee does not owe and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 XV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: Indenture (Home Bancshares Inc), Indenture (Firstmerit Corp /Oh/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any agent of the Issuer or the Trustee shall be entitled to all the rights set forth in this Article in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 6.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 6.1 and 6.2, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities Securities, the Issuer or to the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 2 contracts
Samples: McMoran Exploration Co /De/, Freeport McMoran Copper & Gold 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 in 14 with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee Trustee, or any such agent, of any of its rights as such holder. Nothing in this Article 14 shall apply to claims of, or payments to, the Trustee under or pursuant to Article 7. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and and, subject to the provisions of Article 7, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Debentures, the Company or to any other person cash, property moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 14 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Lyondell Trust Iii
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Seventeen in respect of any Senior Indebtedness of the Issuer at any time held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness of the Issuer 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 IndebtednessIndebtedness of the Issuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Seventeen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Issuer shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Issuer and the Trustee shall not be liable to any such holders holder of Senior Indebtedness of the Issuer if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities Subordinated Notes, the Issuer or to the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article 10 Seventeen or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Subordinated Note Indenture (AGCO International GmbH)
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 in Fifteen with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 to the contrary, nothing in this Article Fifteen shall apply to claims of or payment to the Trustee under or pursuant to Sections 506 and 606. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Fifteen, and no implied covenants covenants, duties, or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee does not owe and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Fifteen or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Firstmerit Corp /Oh/
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 in Ten with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants duties, covenants, responsibilities and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants duties, covenants, responsibilities or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any 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 shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not Whenever a distribution is to be charged with knowledge of the existence of Senior Indebtedness made or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice given to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders or owners of Senior Indebtedness, the Trustee undertakes distribution may be made and the notice may be given to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trusteetheir Representative, if any.
Appears in 1 contract
Samples: Chancellor Media Mw Sign Corp
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any agent of the Issuer or the Trustee shall be entitled to all the rights set forth in this Article in Twelve with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 614 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 Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Twelve, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 601 and 603, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities Securities, the Issuer or to the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Twelve or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Bnccorp 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 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or elsewhere in this -91- Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and but shall not be liable have only such obligations to any 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 shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee as are expressly set forth in Section 12.02this Article. With respect Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes, including, in the event of any dissolution, winding up or liquidation or reorganization under any applicable bankruptcy law of the Company (whether in bankruptcy, insolvency or receivership proceedings or otherwise), the timely filing of a claim for the unpaid balance of such Holder's Securities in the form required in such proceedings and the causing of such claim to be approved. If the Trustee does not file a claim or proof of debt in the form required in such proceedings prior to 10 days before the expiration of the time to file such claims or proofs, then the holders of Senior Indebtedness, jointly, or their representative shall have the Trustee undertakes right to perform demand, sxx for, collect, receive and receipt for the payments and distributions in respect of the Securities which are required to be paid or delivered to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall as provided in this Article and to file and prove all claims therefor and to take all such other action in the name of the Holders or otherwise, as such holder of Senior Indebtedness or representative thereof may determine to be read into necessary or appropriate for the enforcement of the provisions of this Indenture against the TrusteeArticle.
Appears in 1 contract
Samples: Aon Corp
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 in 14 with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 to the contrary, nothing in this Article 14 shall apply to claims of or payment to the Trustee under or pursuant to Sections 5.6 and 6.7. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants covenants, duties, or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee does not owe and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities Holders, the Corporation or to the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 14 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (FNB Corp/Fl/)
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 in 14 with respect of to any Senior Indebtedness or Other Company Obligations at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Notwithstanding anything in this Indenture or in the Subordinated Securities, nothing in this Article 14 shall apply to or limit claims of or payment to the Trustee under this Indenture. With respect to the holders of Senior IndebtednessIndebtedness and Other Company Obligations, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants or obligations with respect to the holders of Senior Indebtedness and Other Company Obligations shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and Other Company Obligations and the Trustee shall not be liable to any such holders holder of Senior Indebtedness or Other Company Obligations if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness or Other Company Obligations shall be entitled by virtue of this Article 10 14 or otherwise. The Trustee shall not No recourse may be charged taken with knowledge respect to the obligations of the existence of Senior Indebtedness Company or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee against the Trustee in its individual capacity and the Trustee shall have received notice to that effect at no liability or responsibility for the address action or inaction of any trustee in connection with the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against or otherwise any liability or responsibility for the TrusteeSenior Indebtedness or Other Company Obligations.
Appears in 1 contract
Samples: Indenture (First Busey Corp /Nv/)
Trustee's Relation to Senior Indebtedness. The Trustee and ----------------------------------------- any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article IV in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 4.2 and Section 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Debentures, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 IV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Sequus Pharmaceuticals 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 in Thirteen with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or 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 Thirteen shall apply to or limit claims of or payment to the Trustee under or pursuant to Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Thirteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 Thirteen or otherwise. The Trustee shall not No recourse may be charged taken with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders obligations of Senior Indebtedness, the Company or the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the TrusteeTrustee in its individual capacity.
Appears in 1 contract
Samples: BNC Bancorp
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 IV in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 4.2 and Section 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Debentures, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 IV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Alkermes 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 in with respect of to any Senior Indebtedness 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, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically spe- cifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture In- denture against the Trustee. The Trustee shall not be deemed to owe any fiduciary fidu- ciary duty to the holders of Senior Indebtedness and (except as provided in Sec- tion 8.03(b)). The Trustee shall not be liable to any 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 securi- ties to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee Section 8.09. Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to en- force subordination as provided herein shall not at any time in any way be preju- diced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with knowledge with. The provisions of this Article are intended to be for the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee benefit of, and shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to be enforceable directly by, the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.. 84
Appears in 1 contract
Samples: Newport News Shipbuilding Inc
Trustee's Relation to Senior Indebtedness. The Trustee ----------------------------------------- and any agent of the Company or the Trustee in its individual capacity shall be entitled to all the rights set forth in this Article IV in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle IV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Section 4.2 and Section 8.1, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Notes, the Company or to any other person cash, property money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 IV or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Park Electrochemical Corp
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 in 12 with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 12, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cashPerson, property moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 12 or otherwise. The Trustee Nothing in this Section 12.04 shall not be charged with knowledge of affect the existence of Senior Indebtedness or obligation of any facts that would prohibit any other such Person receiving such payment hereunder unless a Trust Officer of or distribution from the Trustee shall have received notice or any other Agent to that effect at hold such payment for the address of the Trustee set forth in Section 12.02. With respect benefit of, and to pay such payment over to, the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
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 in XV with respect of to any Senior Indebtedness at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Notwithstanding anything in this Indenture or in the Subordinated Securities, nothing in this Article XV shall apply to or limit claims of or payment to the Trustee under or pursuant to Sections 5.06 and 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle XV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 XV or otherwise. The Trustee shall not No recourse may be charged taken with knowledge respect to the obligations of the existence of Senior Indebtedness Company or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee against the Trustee in its individual capacity and the Trustee shall have received notice to that effect at no liability or responsibility for the address action or inaction of any trustee in connection with the Trustee set forth in Section 12.02. With respect to Senior Indebtedness or otherwise any liability or responsibility for the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Franklin Financial Network 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 in 5 with respect of to any Senior Indebtedness or Other Company Obligations at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or elsewhere in this the Indenture shall deprive the Trustee of any of its rights as such holder. Notwithstanding anything in the Indenture or in the Subordinated Securities, nothing in this Article 5 shall apply to or limit claims of or payment to the Trustee under the Indenture. With respect to the holders of Senior IndebtednessIndebtedness and Other Company Obligations, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Indebtedness and Other Company Obligations shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and Other Company Obligations and the Trustee shall not be liable to any such holders holder of Senior Indebtedness or Other Company Obligations if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness or Other Company Obligations shall be entitled by virtue of this Article 10 5 or otherwise. The Trustee shall not No recourse may be charged taken with knowledge respect to the obligations of the existence of Senior Indebtedness Company or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee against the Trustee in its individual capacity and the Trustee shall have received notice to that effect at no liability or responsibility for the address action or inaction of any trustee in connection with the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against or otherwise any liability or responsibility for the TrusteeSenior Indebtedness or Other Company Obligations.
Appears in 1 contract
Samples: First Supplemental Indenture (First Mid Bancshares, Inc.)
Trustee's Relation to Senior Indebtedness. 70 71 The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 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 IndebtednessIndebtedness of the Company, and nothing in Section 7.11 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 IndebtednessIndebtedness of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eight, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of the Company shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and of the Company (except as provided in Section 8.03(b)). The Trustee shall not be liable to any 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 shall be entitled by virtue of this Article 10 Eight or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Indenture (Scot 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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 10, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Verisk Analytics, 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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.08. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 7.01 and 7.02, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders holders of Securities or to Securities, the Company or to any other person cash, property moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
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 in V with respect of to any Senior Indebtedness or Other Company Obligations at any the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 7.11 or elsewhere in this the Indenture shall deprive the Trustee of any of its rights as such holder. Notwithstanding anything in the Indenture or in the Securities, nothing in this Article V shall apply to or limit claims of or payment to the Trustee under the Indenture. With respect to the holders of Senior IndebtednessIndebtedness and Other Company Obligations, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle V, and no implied covenants or obligations with respect to the holders of Senior Indebtedness and Other Company Obligations shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and Other Company Obligations and the Trustee shall not be liable to any such holders holder of Senior Indebtedness or Other Company Obligations if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Holders, the Company or to any other person cash, property Person monies or securities assets to which any holders holder of Senior Indebtedness or Other Company Obligations shall be entitled by virtue of this Article 10 V or otherwise. The Trustee shall not No recourse may be charged taken with knowledge respect to the obligations of the existence of Senior Indebtedness Company or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee against the Trustee in its individual capacity and the Trustee shall have received notice to that effect at no liability or responsibility for the address action or inaction of any trustee in connection with the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against or otherwise any liability or responsibility for the TrusteeSenior Indebtedness or Other Company Obligations.
Appears in 1 contract
Samples: First Supplemental Indenture (Western Alliance Bancorporation)
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 in Eleven with respect of to any Senior Indebtedness 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, and nothing in Section 7.11 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, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eleven, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any such holders holder of Senior Indebtedness (other than for its willful misconduct or gross negligence) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to the Holders of Securities or to Notes, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee Nothing in this Section 11.04 shall not be charged with knowledge affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform their applicable representative or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trusteerepresentatives.
Appears in 1 contract
Samples: Fairfield Manufacturing Co 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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 the Trust Indenture Act 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 6.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections 6.01 and 6.03, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Subordinated Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Contifinancial Corp
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 in with respect of to any Senior Indebtedness 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, Indebtedness and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to 7.07. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and, subject to the provisions of Sections β7.01 and β7.02, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if the Trustee it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other person cash, property Person moneys or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Mobileye Global 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 in Eight with respect of to any Senior Indebtedness of an Issuer 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 IndebtednessIndebtedness of an Issuer, and nothing in Section 7.11 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 IndebtednessIndebtedness of an Issuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Eight, and no implied covenants or obligations with respect to the holders of Senior Indebtedness of an Issuer shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and of an Issuer (except as provided in Section 8.03(b)). The Trustee shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company an Issuer or to any other person cash, property or securities to which any holders of Senior Indebtedness of an Issuer shall be entitled by virtue of this Article 10 Eight or otherwise. The Trustee shall not be charged with knowledge of the existence of Senior Indebtedness or of any facts that would prohibit any payment hereunder unless a Trust Officer of the Trustee shall have received notice to that effect at the address of the Trustee set forth in Section 12.02. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article 10 and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.
Appears in 1 contract
Samples: Graham Packaging Holdings Co
