Common use of Not Responsible for Recitals Clause in Contracts

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

Appears in 16 contracts

Samples: Indenture (Jaguar Mining Inc), Indenture (Jaguar Mining Inc), Indenture (Minefinders Corp Ltd.)

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

Appears in 15 contracts

Samples: Indenture (Cisco Systems Inc), Indenture (Cisco Systems Inc), Indenture (Cisco Systems Inc)

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

Appears in 9 contracts

Samples: Indenture (Yahoo Inc), Indenture (Biovail Corp International), Indenture (Sohu Com Inc)

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

Appears in 7 contracts

Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Affymetrix Inc)

Not Responsible for Recitals. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the CompanyCompany and the Guaranteeing Subsidiary, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or of the Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereofNotes.

Appears in 4 contracts

Samples: Indenture (Egalet Corp), Indenture (Egalet Corp), Supplemental Indenture (Egalet Corp)

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

Appears in 4 contracts

Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD), Vector Group LTD

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

Appears in 3 contracts

Samples: Affymetrix Inc, Cadence Design Systems Inc, Smith & Wesson Holding Corp

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

Appears in 2 contracts

Samples: Indenture (Cinergy Corp), Indenture (Cinergy Corp)

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

Appears in 2 contracts

Samples: Indenture (Vector Group LTD), Vector Group LTD

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

Appears in 2 contracts

Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Not Responsible for Recitals. The recitals contained herein in this First Supplemental Indenture and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee correctness and makes no representations representation as to the validity or sufficiency of this Indenture or of the Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereofFirst Supplemental Indenture.

Appears in 2 contracts

Samples: Indenture (Platinum Underwriters Holdings LTD), Platinum Underwriters Holdings LTD

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Not Responsible for Recitals. or Issuance of Securities. ---------------------------- The recitals contained herein and in the Securities, 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 Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereof.

Appears in 1 contract

Samples: United Rentals Inc /De

Not Responsible for Recitals. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and the Trustee assumes no responsibility for their correctness. The Trustee 42 makes no representations as to the validity or sufficiency of this Indenture or of the Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (JDS Uniphase Corp /Ca/)

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

Appears in 1 contract

Samples: Indenture (Burlington Resources Finance Co)

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

Appears in 1 contract

Samples: AFG Enterprises USA, Inc.

Not Responsible for Recitals. The recitals contained herein in this Supplemental Indenture and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Company, Corporation and the Trustee assumes no responsibility for their correctness. The Trustee correctness and makes no representations representation as to the validity or sufficiency of this Indenture Supplemental Indenture, of the Convertible Securities or of the Common Stock issuable upon conversion of the Convertible Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Constellation Energy Group Inc)

Not Responsible for Recitals. The recitals contained herein in this Second Supplemental Indenture and in the Securities, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the CompanyCompany or the Guarantor, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee correctness and makes no representations representation as to the validity or sufficiency of this Indenture or of the Securities. The Trustee shall not be accountable for the use or application by the Company of Securities or the proceeds thereofSecond Supplemental Indenture.

Appears in 1 contract

Samples: Indenture (Platinum Underwriters Holdings LTD)

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