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

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 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 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness, 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.

Appears in 3 contracts

Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)

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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 4 in with respect of to any Senior Indebtedness which may at any time be held by it, either in its individual or any other capacity to the same extent as any other holder of Senior Indebtedness, 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 4Article, 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.

Appears in 1 contract

Samples: Indenture (Allstate Financial Corp /Va/)

Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 4 10 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 8.13 Article 9 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 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.

Appears in 1 contract

Samples: Indenture (Evergreen Energy 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 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 8.13 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only any such of its covenants and obligations as are specifically set forth in this Article 4Article, 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 IndebtednessIndebtedness but shall have only such obligations to such holders as are expressly set forth in this Article.

Appears in 1 contract

Samples: Indenture (Progressive Corp/Oh/)

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 4 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 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 4Article, 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 IndebtednessIndebtedness (except as provided in Section 8.03(b)).

Appears in 1 contract

Samples: Indenture (Frontiervision Capital Corp)

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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 4 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 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 4Article, 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 IndebtednessIndebtedness (except as provided in Section 17.3(b)).

Appears in 1 contract

Samples: Senior Subordinated Indenture (Owens & Minor Inc/Va/)

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 4 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 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 4Article, 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.

Appears in 1 contract

Samples: Indenture of Trust (Allstate Financial Corp /Va/)

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