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

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 4 with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any 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 Article 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 (except as provided in Section 4.02(b) and 4.03(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 Notes 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 4 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with 5 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 9.14 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 Article 45, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 9.01, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver money to holders of Notes or to Debentures, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 4 or otherwise5.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 9.13 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 Article 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 9.01, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver money to holders of Notes or to Debentures, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 4 or otherwise4.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to 44 53 such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 Four or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to 50 60 such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 Four or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with IV in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4IV, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 IV or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 4 Ten with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any 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 Article 4Ten, 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 (except as provided in Section 4.02(bSections 10.02(b) and 4.03(b10.03(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 Holders of Notes 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 4 Ten or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 30 38 deemed to owe any fiduciary duty to the holders of Senior Indebtedness (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person money in compliance with this Article 4 or otherwiseFour.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with 16 in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Article 16 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 Article 416, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 6.01, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay 98 over or distribute deliver money to holders of Notes or to Securities, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 4 or otherwise16.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 4 Eight with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing 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 Article 4Eight, 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 (except as provided in Section 4.02(b) and 4.03(b8.03(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 Holders of Notes Securities or to the Company Issuers or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 4 Eight or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in ----------------------------------------- its individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person money in compliance with this Article 4 or otherwiseFour.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent in its individual capacity shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.01, 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 Notes or to Debentures, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 Four or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 4 10 with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any 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 Article 410, 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 (except as provided in Section 4.02(b) and 4.03(b10.03(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 Holders of Notes Securities or to the Company or to any other person per- son cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 4 10 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent in its individual capacity shall be entitled to all the rights set forth in this Article 4 with III in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Section 3.7 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 Article 4III, 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 (except as provided in Section 4.02(b) and 4.03(b)). The Trustee shall not be liable liable, in the absence of the Trustee's gross negligence or willful misconduct, to any such holders holder if the Trustee shall in good faith mistakenly pay over or distribute to holders Holders of the Notes or to the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 III or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent in its individual capacity shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Section 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.01, 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 Notes or to Notes, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 Four or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent in its individual capacity shall be entitled to all the rights set forth in this Article 4 with Fourteen in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 5.6 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 Article 4Fourteen, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 5.1, 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 Notes Securities, the Issuer or to 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 4 Fourteen or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, ----------------------------------------- in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person money in compliance with this Article 4 or otherwiseFour.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent paying agent shall be entitled to all the rights set forth in this Article 4 with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any Paying Agent 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 Article 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 (except as provided in Section 4.02(b) and 4.03(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 Holders of Notes 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 4 or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its ----------------------------------------- individual capacity, shall be entitled to all the rights set forth in this Article 4 with Four in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 4Four, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property Person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article 4 Four or otherwise.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 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 Article 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.01, the Trustee shall not be liable to any holder of ---- Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person money in compliance with this Article 4 or otherwise.4. -

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article 4 with in respect to of any Senior Indebtedness which may at any time be held by it in its individual or any other capacity it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 8.13 hereof 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 Article 4, 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 (except as provided in and, subject to the provisions of Section 4.02(b) and 4.03(b)). The 8.01 hereof, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holders holder or (ii) if the Trustee it shall in good faith mistakenly pay over or distribute deliver to holders of Notes or to Notes, the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of Person money in compliance with this Article 4 or otherwise4.

Trustee's Relation to Senior Indebtedness. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 4 Ten with respect to any Senior Indebtedness which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee or any 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 Article 4Ten, 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 (except as provided in Section 4.02(bSections 10.02(b) and 4.03(b10.03(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 Holders of Notes 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 4 Ten or otherwise.