Common use of No Fiduciary Duty of Trustee to Holders of Senior Debt Clause in Contracts

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 if it shall in good faith mistakenly pay over or distribute to the Holders of 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 XI or otherwise. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article and no implied covenants or obligations with respect to holders of Senior Debt shall be read into this Indenture against the Trustee. Nothing in this Section 11.12 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. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes and to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”

No Fiduciary Duty of Trustee to Holders of Senior Debt. The Notwithstanding anything to the contrary herein, the Trustee shall not be deemed to owe any fiduciary duty to the any present or future holders of Senior Debt, and shall not be liable to any such holders (other than for its wilful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Notes Subordinated Debt Securities or the Company Issuers or Guarantors, if any, or any other Personperson, cashCash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XI XII or otherwise. With respect to the holders of Senior Debt, the The Trustee undertakes to perform or to observe only such of its the covenants or and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to such holders of Senior Debt shall be read into implied in this Indenture against the Trustee. Nothing in this Section 11.12 12.12 shall affect the obligation of any other such Person person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes Subordinated Debt Securities and its duty to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”

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 if it shall in good faith mistakenly pay over or distribute to the Holders of 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 XI XII or otherwise. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article and no implied covenants or obligations with respect to holders of Senior Debt shall be read into this Indenture against the Trustee. Nothing in this Section 11.12 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. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes and to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”. SIGNATURES

No Fiduciary Duty of Trustee to Holders of Senior Debt. The Notwithstanding anything to the contrary herein, the Trustee shall not be deemed to owe any fiduciary duty to the any present or future 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 to the Holders of Notes 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 XI or otherwise. With respect to the holders of Senior Debt, the The Trustee undertakes to perform or to observe only such of its the covenants or and obligations as are specifically set forth in this Article XI, and no implied covenants or obligations with respect to such holders of Senior Debt shall be read into implied in this Indenture against the Trustee. Nothing in this Section 11.12 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. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes Securities and to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”. 100

No Fiduciary Duty of Trustee to Holders of Senior Debt. The Notwithstanding anything to the contrary herein, the Trustee shall not be deemed to owe any fiduciary duty to the any present or future 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 to the Holders of Notes 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 XI or otherwise. With respect to the holders of Senior Debt, the The Trustee undertakes to perform or to observe only such of its the covenants or and obligations as are specifically set forth in this Article XI, and no implied covenants or obligations with respect to such holders of Senior Debt shall be read into implied in this Indenture against the Trustee. Nothing in this Section 11.12 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. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes Securities and to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”

No Fiduciary Duty of Trustee to Holders of Senior Debt. The Notwithstanding anything to the contrary herein, the Trustee shall not be deemed to owe any fiduciary duty to the any present or future 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 Notes Subordinated Debt Securities or the Company Issuers or Guarantors, if any, or any other Personperson, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XI XII or otherwise. With respect to the holders of Senior Debt, the The Trustee undertakes to perform or to observe only such of its the covenants or and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to such holders of Senior Debt shall be read into implied in this Indenture against the Trustee. Nothing in this Section 11.12 12.12 shall affect the obligation of any other such Person person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes Subordinated Debt Securities and its duty to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”

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 if it shall in good faith mistakenly pay over or distribute to the Holders of Notes or the Company Financeco, Solectron or any other Person, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XI or otherwise. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XI and no implied covenants or obligations with respect to holders of Senior Debt shall be read into this Indenture against the Trustee. Nothing in this Section 11.12 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. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes and to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”

No Fiduciary Duty of Trustee to Holders of Senior Debt. The Notwithstanding anything to the contrary herein, the Trustee shall not be deemed to owe any fiduciary duty to the any present or future holders of Senior Debt, and shall not be liable to any such holders (other than for its wilful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of Notes Subordinated Debt Securities or the Company Issuers or Guarantors, if any, or any other Personperson, cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article XI XII or otherwise. With respect to the holders of Senior Debt, the The Trustee undertakes to perform or to observe only such of its the covenants or and obligations as are specifically set forth in this Article XII, and no implied covenants or obligations with respect to such holders of Senior Debt shall be read into implied in this Indenture against the Trustee. Nothing in this Section 11.12 12.12 shall affect the obligation of any other such Person person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Debt or their representative. In the event of any conflict between the fiduciary duty of the Trustee to the Holders of Notes Subordinated Debt Securities and its duty to the holders of Senior Debt, the Trustee is expressly authorized to resolve such conflict in favor of the Holders.”