Second Lien Trustee Clause Samples
Second Lien Trustee. In acting hereunder, the Second Lien Trustee shall have the benefits of the rights, protections and immunities granted to it in the Indenture, all of which are incorporated by reference herein, mutatis mutandis. In no event shall the Second Lien Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Second Lien Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action. In no event shall the Second Lien Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Second Lien Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.
Second Lien Trustee. LAW DEBENTURE TRUST COMPANY OF NEW YORK as Second Lien Trustee By: /s/ Name: Title: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Credit Agreement Agent By: /s/ Name: Title:
Second Lien Trustee. Section 7.01 Duties of Second Lien Trustee 85 Section 7.02 Rights of Second Lien Trustee 86 Section 7.03 Individual Rights of Second Lien Trustee 88 Section 7.04 Second Lien Trustee’s Disclaimer 88 Section 7.05 Notice of Defaults 88 Section 7.06 [Reserved] 88 Section 7.07 Compensation and Indemnity 88 Section 7.08 Replacement of Second Lien Trustee 89 Section 7.09 Successor Second Lien Trustee by Merger 90 Section 7.10 Eligibility; Disqualification 90 Section 7.11 Preferential Collection of Claims Against the Issuers 91 Section 7.12 Collateral Documents; Intercreditor Agreements 91
Second Lien Trustee