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

Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this Article XIII should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 13.4 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this Article XIII. Each Conversion Agent other than the Company shall have the same protection under this Section 13.10 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent acting hereunder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Integrated Electrical Services Inc), Integrated Electrical Services Inc

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Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this Article XIII XV should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 13.4 15.4 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this Article XIIIXV. Each Conversion Agent other than the Company shall have the same protection under this Section 13.10 15.12 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent acting hereunder.

Appears in 1 contract

Samples: Indenture (Interstate Bakeries Corp/De/)

Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this Article XIII should be made, how it should be made or what it should be. The Unless and until the Trustee has shall receive a notice of an adjustment in the Conversion Rate pursuant to Section 13.5(a), it may assume without inquiry that no duty to determine whether a supplemental indenture under Section 13.4 need be entered into or whether any provisions of any supplemental indenture are correctsuch adjustment is required. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this Article XIII. Each Conversion Agent other than the Company shall have the same protection under this Section 13.10 13.11 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under the this Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, by the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent Agent, other than the Company, acting hereunder.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

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Responsibility of Trustee for Conversion Provisions. The Trustee has no duty to determine when an adjustment under this Article XIII XI should be made, how it should be made or what it should be. The Trustee has no duty to determine whether a supplemental indenture under Section 13.4 11.4 need be entered into or whether any provisions of any supplemental indenture are correct. The Trustee makes no representation as to the validity or value of any securities or assets issued upon conversion of Securities. The Trustee shall not be responsible for any failure of the Company to comply with this Article XIII11. Each Conversion Agent other than the Company shall have the same protection under this Section 13.10 11.12 as the Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee under the Indenture including, without limitation, its rights to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each Paying Agent or Conversion Agent acting hereunder.

Appears in 1 contract

Samples: Pg&e Corp

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