No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 or otherwise. Nothing in this Section 14.4 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 7 contracts
Samples: Indenture (Fat Brands, Inc), Note (BofI Holding, Inc.), Note (BofI Holding, Inc.)
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 7 contracts
Samples: Indenture (Hilltop Holdings Inc.), Indenture (Conocophillips Co), PostRock Energy Corp
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities Notes or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representativeRepresentative.
Appears in 3 contracts
Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Vertis Inc
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series and any related Guarantees or the Company or the Subsidiary Guarantors, as the case may be, or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 3 contracts
Samples: Indenture (LGI Homes-Windmill Farms, LLC), Indenture (LGI Homes-Florida, LLC), Indenture (Cloverdale Park, Inc.)
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute deliver to the Holders of the Securities or the Company or any other Personperson, cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article 14 Four or otherwise. Nothing in this Section 14.4 4.12 shall affect the obligation of any person other such Person than the Trustee to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representativeRepresentative.
Appears in 3 contracts
Samples: Indenture (Metals Usa Inc), Indenture (Color Spot Nurseries Inc), Color Spot Nurseries Inc
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series or the Company Company, the Guarantor or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 XI or otherwise. Nothing in this Section 14.4 11.13 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 2 contracts
Samples: Indenture (Shell International Finance B.V.), Shell International Finance B.V.
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities Notes or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representativeRepresentative.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Hilltop Holdings Inc.), First Supplemental Indenture (Hilltop Holdings Inc.)
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly 101 pay over or distribute to the Holders of the Securities or the Company Company, any Guarantor or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Noble Broadcast Group Inc /Oh/
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 XII or otherwise. Nothing Noth ing in this Section 14.4 12.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Transamerican Refining Corp
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior DebtDebt of the Company, and shall not be liable to any such of those holders (other than for its willful misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities or the Company or any other Person, cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such that payment for the benefit of, and to pay such that payment over to, the holders of Senior Debt of the Company or their representative.
Appears in 1 contract
Samples: Acs Trust I
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities Notes or the Company Company, any Guarantor or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 XII or otherwise. Nothing in this Section 14.4 12.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.. 106
Appears in 1 contract
Samples: Indenture (Astor Corp)
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities and any related Guarantee of any series or the Company or the Subsidiary Guarantor, as the case may be, or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Carrizo Oil & Gas Inc
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders holders of the Securities Debentures or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 XIV or otherwise. Nothing in this Section 14.4 14.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Centex Trust Ii
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Phillips 66 Co
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute deliver to the Holders holders of the Securities Subordinated Obligations or the Company or any other Person, cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article 14 XV or otherwise. Nothing in this Section 14.4 15.11 shall affect the obligation of any Person other such Person than the Trustee to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representativeRepresentative.
Appears in 1 contract
Samples: Apria Healthcare Group Inc
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute deliver to the Holders of the Securities or the Company or any Subsidiary Guarantor or any other Personperson, cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article 14 IV or otherwise. Nothing in this Section 14.4 4.12 shall affect the obligation of any person other such Person than the Trustee to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representativeRepresentative.
Appears in 1 contract
Samples: Color Spot Nurseries Inc
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series or the Company or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.13 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative.
Appears in 1 contract
Samples: Shell International Finance B.V.
No Fiduciary Duty of Trustee to Holders of Senior Debt. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior DebtDebt of the Company, and shall not be liable to any such of those holders (other than for its willful misconduct or gross negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities of any series and any related Guarantees or the Company or any Guarantors, as the case may be, or any other Person, cash, property or securities to which any holders of Senior Debt of the Company shall be entitled by virtue of this Article 14 X or otherwise. Nothing in this Section 14.4 10.12 shall affect the obligation of any other such Person to hold such that payment for the benefit of, and to pay such that payment over to, the holders of Senior Debt of the Company or their representative.
Appears in 1 contract
Samples: 234DP Aviation, LLC