Common use of Not Responsible for Recitals or Issuance of Notes Clause in Contracts

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 17 contracts

Samples: Indenture (Celgene Corp /De/), Indenture (Southwest Gas Corp), Indenture (Celgene Corp /De/)

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Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 15 contracts

Samples: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc), Indenture (Big 5 Holdings Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 13 contracts

Samples: Indenture (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this First Supplemental Indenture or of the NotesSecurities or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 11 contracts

Samples: First Supplemental Indenture (Ares Management Corp), First Supplemental Indenture (Blue Owl Capital Inc.), First Supplemental Indenture (Carlyle Group Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, Issuer and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this the Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereof.

Appears in 10 contracts

Samples: Indenture (Weatherford International PLC), Indenture (Weatherford Irish Holdings Ltd.), Supplemental Indenture (Weatherford International PLC)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 9 contracts

Samples: Indenture (Queen Sand Resources Inc), Indenture (Southern Star Central Corp), Collateral Agent Agreement (Arch Wireless Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this the Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 9 contracts

Samples: Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Approach Resources Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 7 contracts

Samples: Texas New Mexico Power Co, Indenture (Maverick Tube Corporation), Indenture (Kranzco Realty Trust)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyIssuer, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereofof the Notes.

Appears in 6 contracts

Samples: Indenture (Charter Equipment Lease 1998-1 LLC), Indenture (Copelco Capital Receivables LLC), Indenture (Copelco Capital Funding LLC 2000-A)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, Company and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 6 contracts

Samples: Supplemental Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Guarantees or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of any Notes or the proceeds thereof.

Appears in 6 contracts

Samples: Scotts Miracle-Gro Co, Scotts Miracle-Gro Co, Scotts Miracle-Gro Co

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein herein, in any Series Supplement and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyObligors, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Master Agreement, any Series Supplement or of the Notes, or any Series Trust Estate. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Obligors of Notes or the proceeds thereof.

Appears in 5 contracts

Samples: Master Facility Agreement (Advanta Business Services Corp), Financing Facility Agreement (Marlin Business Services Inc), Master Facility Agreement (Advanta Leasing Receivables Corp Ix)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuers, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of Notes or the proceeds thereof.

Appears in 5 contracts

Samples: Third Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesSecurities. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 5 contracts

Samples: Ciena Corp, Ciena Corp, Indenture (Ciena Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this the Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 5 contracts

Samples: Supplemental Indenture (Concho Resources Inc), Fourteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuers, and the Trustee or does not assume any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of Notes or the proceeds thereof.

Appears in 5 contracts

Samples: Indenture (USA Compression Partners, LP), Indenture (Enviva Partners, LP), Indenture (USA Compression Partners, LP)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuers, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of Notes or the proceeds thereof.

Appears in 4 contracts

Samples: Ryerson Holding Corp, Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (Bec Group Inc), Indenture (Madison Gas & Electric Co), Midamerican Energy Financing Ii

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Guarantees or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of any Notes or the proceeds thereof.

Appears in 4 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Grand Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates 's certificate of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Altiva Financial Corp, Mego Mortgage Corp, Altiva Financial Corp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, Company and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Article Eleven Mandatory (PDS Financial Corp), Indenture (PDS Financial Corp), Article Eleven Mandatory (PDS Gaming Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or does not assume any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or any offering documents. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Bonanza Creek Energy, Inc.), Indenture (Bonanza Creek Energy Operating Company, LLC), Indenture (Bill Barrett Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes (except the Trustee’s certificates of authentication, ) shall be taken as the statements of the Company, and neither the Trustee or Trustee, the Guarantor, nor any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Guarantee, or of the Notes. The Trustee or Neither the Trustee, the Guarantor, nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Nextera Energy Partners, Lp, Nextera Energy Partners, Lp, NextEra Energy Partners, LP

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuers, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of Notes or the proceeds thereofNotes.

Appears in 3 contracts

Samples: Indenture (NEWMONT Corp /DE/), Indenture, Indenture (NEWMONT Corp /DE/)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, Issuer and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture the Indenture, the Notes or of the Notesother Notes Documents. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (Weatherford International PLC), Indenture (Weatherford International PLC), Weatherford International PLC

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuer, and the Trustee or any Authenticating Agent authenticating agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent authenticating agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Indenture (BlueLinx Holdings Inc.), Indenture (Ryerson Holding Corp), Intercreditor Agreement (Ryerson Holding Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust), Indenture (PNM Resources Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereofof the Notes.

Appears in 3 contracts

Samples: Execution Copy (Copelco Capital Funding Corp X), Indenture (Copelco Capital Funding Corp X), Indenture (Copelco Capital Funding Corp X)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or does not assume any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Notes or any other document in connection with the sale of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 3 contracts

Samples: Supplemental Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the any Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of any Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Valassis Communications Inc), Indenture (Valassis Communications Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Ares Management Corp), Indenture (Apollo Global Management, Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyPartnership, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Partnership of Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Northern Border Partners Lp, Northern Border Partners Lp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes and the Senior Subordinated Guarantees except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or the Senior Subordinated Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Hollywood Theaters Inc), R H Donnelley Corp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations representation as to the validity or sufficiency of this Supplemental Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the Company’s use of the proceeds from the Notes or application by for monies paid over to the Company of Notes or the proceeds thereofpursuant to this Supplemental Indenture.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Perkinelmer Inc), Agency Agreement (Perkinelmer Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, Notes shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes, the ADSs or the Ordinary Shares. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 2 contracts

Samples: GCL Silicon Technology Holdings Inc., GCL Silicon Technology Holdings Inc.

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Wilshire Financial Services Group Inc, Wilshire Financial Services Group Inc

Not Responsible for Recitals or Issuance of Notes. The ------------------------------------------------- recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and . Neither the Trustee or nor any Authenticating Agent assumes no assume any responsibility for their correctnessthe correctness of such recitals. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Presidential Life Corp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Second Supplemental Indenture or of the NotesSecurities or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Blue Owl Capital Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Mge Energy Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyTrust, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Trust of Notes or the proceeds thereofof the Notes.

Appears in 1 contract

Samples: Indenture (Copelco Capital Funding Corp Xi)

Not Responsible for Recitals or Issuance of Notes. The -------------------------------------------------- recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Afc Enterprises Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this First Supplemental Indenture or of the NotesSecurities. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: First Supplemental Indenture (KKR Financial Holdings LLC)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the NotesSecurities. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Northern Border Pipeline Co

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this First Supplemental Indenture or of the NotesNotes or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Supplemental Indenture (KKR & Co. Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein herein, in any Indenture Supplement and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyIssuer, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes, the Collateral or the Trust Estate. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Olympic Financial LTD)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s Trustee"s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Notes except that the Trustee or any Authenticating Agent shall not be accountable for represents that it is duly authorized to execute and deliver this Indenture, authenticate the use or application by the Company of Notes or the proceeds thereof.and perform its

Appears in 1 contract

Samples: A) (Insilco Corp/De/)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this First Supplemental Indenture or of the Notes. The Trustee Securities or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.the

Appears in 1 contract

Samples: First Supplemental Indenture (KKR & Co. L.P.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereofNotes.

Appears in 1 contract

Samples: Indenture (Newmont Goldcorp Corp /De/)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Ingenior M.O. Schoyens Bilcentraler As

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Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.this

Appears in 1 contract

Samples: Robbins & Myers Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of any Notes or the proceeds thereof. The Trustee, in its capacity as such, shall not be accountable for any calculations made or required to be made by the Company or any other Person under this Indenture.

Appears in 1 contract

Samples: Indenture (Gruma Sab De Cv)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein herein, in the Notes and in the NotesGuarantees endorsed thereon, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Votorantim Cimentos S.A.

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes (except the Trustee’s certificates 's certificate of authentication, ) shall be taken as the statements of the Company, Company and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereoffrom the issuance of the Notes.

Appears in 1 contract

Samples: Aztar Corp

Not Responsible for Recitals or Issuance of Notes. The recitals Recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Cccisg Capital Trust)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Collins & Aikman Corp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates Notes of authentication, shall not be taken as the statements of the CompanyTrustee, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The , except that the Trustee or any Authenticating Agent shall not be accountable for the use or application hereby represents and warrants that this Indenture has been executed and delivered by the Company one of Notes or the proceeds thereofits officers who is duly authorized to execute and deliver such document on its behalf.

Appears in 1 contract

Samples: Indenture and Security Agreement (Union Tank Car Co)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuers, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuers of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Suburban Propane Partners Lp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyObligor, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.the

Appears in 1 contract

Samples: Pepsi Bottling Group Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates 's certificate of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Century Communications Corp

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Third Supplemental Indenture or of the NotesSecurities or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Third Supplemental Indenture (Blue Owl Capital Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes . The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Public Service Co of New Mexico)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyIssuer, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyObligor, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Obligor of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Gencor Industries Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations representation as to the validity or sufficiency of this Supplemental Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the Company's use of the proceeds from the Notes or application by for monies paid over to the Company of Notes or the proceeds thereofpursuant to this Supplemental Indenture.

Appears in 1 contract

Samples: Indenture (Great Atlantic & Pacific Tea Co Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations representation as to the validity or sufficiency of this Third Supplemental Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the Company’s use of the proceeds from the Notes or application by for monies paid over to the Company of Notes or the proceeds thereofpursuant to this Third Supplemental Indenture.

Appears in 1 contract

Samples: Third Supplemental Indenture (Hasbro Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein herein, in any Series Supplement and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyObligors, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Master Agreement, any Series Supplement 60 67 or of the Notes, or any Series Trust Estate. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Obligors of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Master Facility Agreement (Advanta Leasing Receivables Corp Ix)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Fourth Supplemental Indenture or of the NotesSecurities or the Guarantees. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Blue Owl Capital Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein hereunder and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Pope & Talbot Inc /De/

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes (except the Trustee’s 's certificates of authentication, ) shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Notes or of the Common Stock issuable upon the conversion of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein in this Indenture and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Mony Group Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no responsibility for their correctness. The Neither the Trustee nor any Authenticating Agent makes no any representations as to the validity or sufficiency of this Indenture or of the any Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of any Notes or the proceeds thereof.

Appears in 1 contract

Samples: Valassis Communications Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Second Supplemental Indenture or of the NotesSecurities. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Second Supplemental Indenture (KKR & Co. Inc.)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Microsoft Corp)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyIssuer, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Subordinated Guarantee or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company Issuer of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Converium Holding Ag

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity validity, legality or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Pledge Agreement (Mobile Mini Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals statements contained herein and in the NotesNotes and the Guarantee endorsed thereon, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the CompanyCompany or the Guarantors, as the case may be, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Votorantim Pulp & Paper Inc)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes (except the Trustee’s certificates 's certificate of authentication, ) shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations representation as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Prime Service Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein in this Indenture and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee or nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Mony Holdings LLC)

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Neither the Trustee or nor any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof. Section 9.05.

Appears in 1 contract

Samples: Madison Gas & Electric Co

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s 's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.

Appears in 1 contract

Samples: Signature Resorts Inc

Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, Notes (except the Trustee’s certificates 's certificate of authentication, ) shall be taken as the statements of the Company, Company and the Trustee or any Authenticating Agent assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee or any Authenticating Agent shall not be accountable for the use or application by the Company of Notes or the proceeds thereof.57

Appears in 1 contract

Samples: Aztar Corp

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