Common use of Trustee Disclaimer Clause in Contracts

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; (b) the proper authorization hereof by the Company by corporate action or otherwise; (c) the due execution hereof by the Company; (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations with respect to any such matters; and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 6 contracts

Samples: Indenture (Sprint Nextel Corp), First Supplemental Indenture (Sprint Nextel Corp), First Supplemental Indenture (Sprint Nextel Corp)

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Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 4 contracts

Samples: Supplemental Indenture (Bally Total Fitness Holding Corp), Supplemental Indenture (Bally Total Fitness Holding Corp), Supplemental Indenture (Bally Total Fitness Holding Corp)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Third Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the CompanyAirGate, or for or with respect to: (a) the validity or sufficiency of this First Third Supplemental Indenture or any of the terms or provisions hereof; (b) the proper authorization hereof by the Company AirGate by corporate action or otherwise; (c) the due execution hereof by the CompanyAirGate; (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations with respect to any such matters; and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Sprint Nextel Corp), Third Supplemental Indenture (Sprint Nextel Corp)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the CompanyInter*Act, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company Inter*Act by corporate action or otherwise; , (c) the due execution hereof by the Company; Inter*Act, (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the consent solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 2 contracts

Samples: Indenture (Inter Act Systems Inc), Indenture (Inter Act Systems Inc)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Second Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: (a) the validity or sufficiency of this First Second Supplemental Indenture or any of the terms or provisions hereof; (b) the proper authorization hereof by the Company by corporate action or otherwise; (c) the due execution hereof by the Company; (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations with respect to any such matters; and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Sprint Nextel Corp), Second Supplemental Indenture (Sprint Nextel Corp)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.. [Signatures on following page]

Appears in 2 contracts

Samples: Supplemental Indenture (Bally Total Fitness Holding Corp), Supplemental Indenture (Bally Total Fitness Holding Corp)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; Company and (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 1 contract

Samples: Indenture (Willbros Group Inc)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Sixth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Sixth Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 1 contract

Samples: Supplemental Indenture (Dresser Inc)

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Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Fourth Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Fourth Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Dresser Inc)

Trustee Disclaimer. The Indenture Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Indenture Trustee, and and, without limiting the generality of the foregoing, the Indenture Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Indenture Trustee makes no representations representation with respect to any such matters; , and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewithwith the solicitation of consents to the amendments and waivers provided for herein.

Appears in 1 contract

Samples: First Supplemental Indenture (Protection One Alarm Monitoring Inc)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and and, without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company or any of the Guarantors by corporate action or otherwise; , (c) the due execution hereof by the Company; Company and the Guarantors, (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 1 contract

Samples: Supplemental Indenture (Ziff Davis Holdings Inc)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Seventh Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to: to (a) the validity or sufficiency of this First Seventh Supplemental Indenture or any of the terms or provisions hereof; , (b) the proper authorization hereof by the Company by corporate action or otherwise; , (c) the due execution hereof by the Company; , (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; , and (e) the validity or the sufficiency of the consent solicitation or the consent solicitation materials or procedure procedures in connection therewith.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (Dresser Inc)

Trustee Disclaimer. The Trustee has accepted the amendment of the Indenture effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, and without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the CompanyCompany and the Subsidiary Guarantors, or for or with respect to: to (a) the validity or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof; hereto, (b) the proper authorization hereof hereby by the Company and the Subsidiary Guarantors by corporate action or otherwise; , (c) the due execution hereof by the Company; Company and the Subsidiary Guarantors, (d) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representations representation with respect to any such matters; matters and (e) the validity or the sufficiency of the solicitation Solicitation or the consent solicitation materials or procedure in connection therewith.

Appears in 1 contract

Samples: Penn National Gaming Inc

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