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

Not Responsible for Recitals or Issuance of Units. The recitals contained herein, in the Indenture, in the Warrant Agreement and in the Units, except the Trustee's, Warrant Agent's and Agent's certificates of authentication or countersignature, shall be taken as the statements of the Corporation, and none of the Trustee, Agent, the Warrant Agent or any Authenticating Agent assumes any responsibility for their correctness. The Agent makes no representations as to the validity or sufficiency of this Agreement or of the Units. None of the Trustee, Agent, the Warrant Agent or any Authenticating Agent shall be accountable for the use or application by the Corporation of the proceeds with respect to Units or be responsible for exercising any remedy hereunder on behalf of the Holders, except as expressly provided in this Agreement.

Appears in 4 contracts

Samples: Unit Agreement (Morgan Stanley), Unit Agreement (Morgan Stanley Capital Trust VIII), Unit Agreement (Dean Witter Discover & Co)

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Not Responsible for Recitals or Issuance of Units. The recitals contained herein, in the Indenture, in the Warrant Agreement and in the Units, except the Trustee's’s, Warrant Agent's ’s and Agent's ’s certificates of authentication or countersignature, shall be taken as the statements of the CorporationCompany or the Guarantor, as applicable, and none of the Trustee, Agent, the Warrant Agent or any Authenticating Agent assumes any responsibility for their correctness. The Agent makes no representations as to the validity or sufficiency of this Agreement or of the Units. None of the Trustee, Agent, the Warrant Agent or any Authenticating Agent shall be accountable for the use or application by the Corporation Company of the proceeds with respect to Units or be responsible for exercising any remedy hereunder on behalf of the Holders, except as expressly provided in this Agreement.

Appears in 2 contracts

Samples: Unit Agreement (Morgan Stanley Finance LLC), Unit Agreement (Morgan Stanley Capital Trust Iv)

Not Responsible for Recitals or Issuance of Units. The recitals contained herein, in the Indenture, in the Warrant Agreement and in the Units, except the Trustee's, ’s and Warrant Agent's and Agent's ’s certificates of authentication or countersignature, shall be taken as the statements of the CorporationCompany or the Guarantor, as applicable, and none of the Trustee, Agent, Agent or the Warrant Agent or any Authenticating Agent assumes any responsibility for their correctness. The Agent makes no representations as to the validity or sufficiency of this Agreement or of the Units. None of the Trustee, Agent, Agent or the Warrant Agent or any Authenticating Agent shall be accountable for the use or application by the Corporation Company of the proceeds with respect to Units or be responsible for exercising any remedy hereunder on behalf of the Holders, except as expressly provided in this Agreement.

Appears in 1 contract

Samples: Unit Agreement (Morgan Stanley Capital Trust Iv)

Not Responsible for Recitals or Issuance of Units. The recitals contained herein, in the Indenture, in the Warrant Agreement and in the Units, except the Trustee's, ’s and Warrant Agent's and Agent's ’s certificates of authentication or countersignature, shall be taken as the statements of the CorporationCompany, and none of the Trustee, Agent, Units Trustee or the Warrant Agent or any Authenticating Agent assumes any responsibility for their correctness. The Agent Units Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Units. None of the Trustee, Agent, Units Trustee or the Warrant Agent or any Authenticating Agent shall be accountable for the use or application by the Corporation Company of the proceeds with respect to Units or be responsible for exercising any remedy hereunder on behalf of the Holders, except as expressly provided in this Agreement.

Appears in 1 contract

Samples: Unit Agreement (DIEBOLD NIXDORF, Inc)

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Not Responsible for Recitals or Issuance of Units. The recitals contained herein, in each of the IndentureIndentures, in the Warrant Agreement, the Deposit Agreement and in the Units, except the Trustee's’s, Warrant Agent's ’s, the Deposit Agent’s and Agent's ’s certificates of authentication or countersignature, shall be taken as the statements of the Corporation, and none of the Trustee, Agent, the Warrant Agent, the Deposit Agent or any Authenticating Agent assumes any responsibility for their correctness. The Agent makes no representations as to the validity or sufficiency of this Agreement or of the Units. None of the Trustee, Agent, the Warrant Agent, the Deposit Agent or any Authenticating Agent shall be accountable for the use or application by the Corporation of the proceeds with respect to Units or be responsible for exercising any remedy hereunder on behalf of the Holders, except as expressly provided in this Agreement.

Appears in 1 contract

Samples: Purchase Contract (Bear Stearns Companies Inc)

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