Common use of Trustee's Relation to Senior Indebtedness Clause in Contracts

Trustee's Relation to Senior Indebtedness. 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 11, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.

Trustee's Relation to Senior Indebtedness. 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 11XIII, 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to HoldersHolders of Securities, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIII, 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 holder of Senior Indebtedness if it shall mistakenly (but not as a result of willful misconduct or gross negligence of the Trustee) pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIII, 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 holder of Senior Indebtedness if it shall mistakenly (but not as a result of willful misconduct or gross negligence of the Trustee) pay over or deliver to Holders, the Issuers Company or any other Person person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of the Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIV, 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIV or otherwise.

Trustee's Relation to Senior Indebtedness. 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 1110, 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 10 or otherwise.

Trustee's Relation to Senior Indebtedness. 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 1110, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture Article 10 against the TrusteeTrustee or shall otherwise be deemed to exist. The Trustee shall not be deemed to owe any fiduciary or other duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 10 or otherwise, unless such mistaken payment or delivery is made as a result of any negligent act, negligent failure to act or willful misconduct on the part of the Trustee.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIII, 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 holder of Senior Indebtedness if it shall mistakenly (but not as a result of willful misconduct or gross negligence of the Trustee) pay over or 108 deliver to Holders, the Issuers Company or any other Person person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIII or otherwise.

Trustee's Relation to Senior Indebtedness. 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 1110, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture Article 10 against the TrusteeTrustee or shall otherwise be deemed to exist. The Trustee shall not be deemed to owe any fiduciary or other duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness 72 80 shall be entitled by virtue of this Article 11 10 or otherwise, unless such mistaken payment or delivery is made as a result of any negligent act, negligent failure to act or willful misconduct on the part of the Trustee.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIV, 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIV or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11XIII, 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 holder of Senior Indebtedness if it shall mistakenly (but without negligence, willful misconduct or bad faith) pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its the covenants and obligations of the Trustee as are specifically set forth in this Article 1110, and no implied covenants or obligations of the Trustee 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 or other duty to the holders of Senior Indebtedness Indebtedness, and the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 10 or otherwise.

Trustee's Relation to Senior Indebtedness. 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 11Eleven (and in Article 10 with respect to any Guarantor Senior Indebtedness), 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company, any Note Guarantor or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Eleven or otherwise.. Section 11.05

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its the covenants and obligations of the Trustee as are specifically set forth in this Article 11X, and no implied covenants or obligations of the Trustee with respect to the holders of Senior Indebtedness Indebtedness, shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary or other duty to the holders of Senior Indebtedness and the Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness Indebtedness, shall be entitled by virtue of this Article 11 X or otherwise.

Trustee's Relation to Senior Indebtedness. 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 11Eleven (and in Article Ten with respect to any Guarantor Senior Indebtedness), 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company, any Note Guarantor or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Eleven or otherwise.

Trustee's Relation to Senior Indebtedness. 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 11Thirteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture Article Thirteen 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 holder of Senior Indebtedness if it shall in good faith mistakenly (absent willful misconduct) pay over or deliver to Holders, the Issuers Company or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Thirteen or otherwise.. ARTICLE FOURTEEN

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior IndebtednessIndebt- edness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11Eleven (and in Article Ten with respect to any Guarantor Senior Indebtedness), 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company, any Note Guarantor or any other Person moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Eleven or otherwiseother- wise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior IndebtednessIndebtedness in cash or Cash Equivalents, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11Twelve, 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 holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company or any other Person personal moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Twelve or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders 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 11Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors), and no implied covenants or obligations with respect to the holders 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 Holders of Senior Indebtedness and the Trustee shall not be liable to any holder Holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Issuers Company, the Guarantors or any other Person person moneys or assets to which any holder Holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Fourteen or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the holders of Senior Indebtedness, the Trustee for each series of Securities undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 11Fourteen, and no implied covenants or obligations with respect to the holders of Senior Indebtedness shall be read into this Indenture against the such Trustee. The Trustee for each series of Securities shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and the such Trustee shall not be liable to any holder of Senior Indebtedness if it shall mistakenly pay over or deliver to HoldersHolders of Securities, the Issuers Company, the Guarantor (in the case of Guaranteed Securities) or any other Person Person, moneys or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 11 Fourteen or otherwise.