Common use of Responsibility of Trustee for Conversion Provisions Clause in Contracts

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 hereof, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate or Price, or with respect to the nature or intent of any such adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, subject to the provisions of Section 5.01 hereof, nor any Conversion Agent shall be accountable with respect to the validity or value (of the kind or amount) of any Ordinary Share, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 hereof, nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any shares of stock or share certificates or other securities or property upon the surrender of any Security for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 hereof, and any Conversion Agent shall not be ____ 89 ____ responsible or liable for any failure of the Company to comply with any of the covenants of the Company or the Guarantor contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 5.1 hereof, and any the Paying and Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities Notes to determine whether any facts exist which may require any adjustment of the Conversion Rate or Price, or with respect to the nature or intent of any such adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, subject to the provisions of Section 5.01 5.1 hereof, nor any the Paying and Conversion Agent shall be accountable with respect to the validity or value (of the kind or amount) of any Ordinary ShareShares, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 5.1 hereof, nor any the Paying and Conversion Agent shall be responsible for any failure of the Company Issuer to make any cash payment or to issue, transfer or deliver any shares of stock or share certificates or other securities or property upon the surrender of any Security Note for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 5.1 hereof, and any the Paying and Conversion Agent shall not be ____ 89 ____ responsible or liable for any failure of the Company Issuer to comply with any of the covenants of the Company or the Guarantor Issuer contained in this ArticleArticle 11.

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities Notes to determine whether any facts exist which may require any adjustment of the Conversion Rate or Price, or with respect to the nature or intent of any such adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be accountable with respect to the validity or value (of the kind or amount) of any Ordinary ShareCommon Stock, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any shares of stock or share certificates or other securities or property upon the surrender of any Security Note for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not be ____ 89 ____ -74- responsible or liable for any failure of the Company to comply with any of the covenants of the Company or the Guarantor contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities Notes to determine whether any facts exist which may require any adjustment of the Conversion Rate or Price, or with respect to the nature or intent of any such adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be accountable with respect to the validity or value (of the kind or amount) of any Ordinary ShareCommon Stock, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be responsible for any failure of the Company Issuers to make any cash payment or to issue, transfer or deliver any shares of stock or share certificates or other securities or property upon the surrender of any Security Note for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not be ____ 89 ____ responsible or liable for any failure of the Company Issuers to comply with any of the covenants of the Company or the Guarantor Issuers contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities Notes to determine whether any facts exist which may require any adjustment of the Conversion Rate or PriceRate, or with respect to the nature or intent of any such adjustments when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be accountable with respect to the validity or value (of the kind or amount) of any Ordinary ShareCommon Shares, or of any other securities or property, which may at any time be issued or delivered upon the conversion of any SecurityNote; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 7.01 hereof, nor any Conversion Agent shall be responsible for any failure of the Company to make any cash payment or to issue, transfer or deliver any shares of stock or share certificates or other securities or property upon the surrender of any Security Note for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 7.01 hereof, and any Conversion Agent shall not be ____ 89 ____ responsible or liable for any failure of the Company to comply with any of the covenants of the Company or the Guarantor contained in this Article.

Responsibility of Trustee for Conversion Provisions. The Trustee, subject to the provisions of Section 5.01 hereof7.02, and any Conversion Agent shall will not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate or PriceRate, or with respect to the nature or intent extent of any such adjustments adjustment when made, or with respect to the method employed, or herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee, subject to the provisions of Section 5.01 hereof7.02, nor any Conversion Agent Agent, if not the Company, shall be accountable with respect to the validity or value (of or the kind or amount) of any Ordinary Shareshares of Common Stock, or of any other securities or propertyproperty or cash, which may at any time be issued or delivered upon the conversion of any SecurityNotes; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 5.01 hereof7.02, nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any shares of stock Common Stock or share certificates or other securities or property or cash upon the surrender of any Security Note for the purpose of conversion; and the Trustee, subject to the provisions of Section 5.01 hereof7.02, and any Conversion Agent shall not be ____ 89 ____ responsible or liable for any failure of the Company to comply with any of the covenants of the Company or the Guarantor contained in this ArticleArticle 10.