Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 77 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 57 contracts
Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (FMC Corp), Indenture (Wesbanco Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 27 contracts
Samples: Indenture (Swift Energy Co), Pioneer Natural Resources Co, Pioneer Natural Resources Usa Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise.
Appears in 15 contracts
Samples: Subordinated Indenture (GreenHunter Energy, Inc.), Subordinated Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Capital Senior Living Properties Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Corporation or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 14 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Bank of New York Co Inc), Dime Capital Trust Ii
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 13 contracts
Samples: Otelco (Otelco Inc.), Otelco (Otelco Telecommunications LLC), Supplemental Indenture (Brindlee Mountain Telephone Co)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to any of the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 12 contracts
Samples: Indenture (Global Operating LLC), Indenture (CNX Coal Finance Corp.), Indenture (Trust Energy Company, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 11 contracts
Samples: Indenture (King Pharmaceuticals Inc), Indenture (FSC Semiconductor Corp), Indenture (Fairchild Semiconductor International Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 10 contracts
Samples: Securities Indenture (Gutbusters Pty LTD), Retention Agreement (Hexcel Corp /De/), Indenture (Ta Operating Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Issuer and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article Four or otherwise.
Appears in 10 contracts
Samples: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 10 contracts
Samples: Indenture (Seacor Holdings Inc), Indenture (Anntaylor Inc), Indenture (Affymetrix Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 9 contracts
Samples: Indenture (American Greetings Corp), Mego Mortgage Corp, Aurora Electronics Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 11 or otherwise.
Appears in 9 contracts
Samples: First Supplemental Indenture (Old Line Bancshares Inc), Subordinated Indenture (Wintrust Financial Corp), Synovus Financial Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the Debentures or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 9 contracts
Samples: Indenture (Dte Energy Co), Indenture (Dte Energy Co), Indenture (Dte Energy Co)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuers or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 8 contracts
Samples: Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay Offshore Finance Corp.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Debentures or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 8 contracts
Samples: Allstate Corp, Allstate Corp, Indenture (Gentiva Health Services Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 8 contracts
Samples: Indenture (Magellan Health Services Inc), Indenture (MBS Multimode Inc), Volume Services America Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 7 contracts
Samples: Indenture (Turkey Creek Pipeline, LLC), Indenture (HEP Mountain Home, L.L.C.), Indenture (HEP Refining Assets, L.P.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Partnership or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 7 contracts
Samples: Indenture (Magellan Midstream Partners Lp), Val Verde Gas Gathering Co Lp, Indenture (Jonah Gas Gathering Co)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Corporation or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIII or otherwise.
Appears in 7 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), First Hawaiian Capital I
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 7 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Viasystems Inc), Indenture (Texas Petrochemicals Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise, except in the case of gross negligence or wilful misconduct on the part of the Trustee.
Appears in 7 contracts
Samples: Indenture (Integrated Electrical Services Inc), Indenture (Group Maintenance America Corp), Indenture (Wyne Systems Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Ten or otherwise.
Appears in 7 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Marquee Holdings Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Seventeen or otherwise.
Appears in 6 contracts
Samples: Indenture (Thermo Instrument Systems Inc), Indenture (Thermo Electron Corp), Indenture (Thermotrex Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Issuers or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 6 contracts
Samples: Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (Crosstex Eunice, LLC), Indenture (Encore Energy Partners Operating LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 16 or otherwise.
Appears in 6 contracts
Samples: Registration Rights Agreement (Alliant Techsystems Inc), Registration Rights Agreement (Alliant Techsystems Inc), Indenture (Headwaters Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseIndebtedness.
Appears in 6 contracts
Samples: Indenture (Reeves Inc), Indenture (Estee Lauder Companies Inc), Indenture (Protection One Alarm Monitoring Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or to the Company or to any other Person cash, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 10 or otherwise.
Appears in 6 contracts
Samples: Indenture (Berry Plastics Holding Corp), Supplemental Indenture (Covalence Specialty Adhesives LLC), Indenture (MPM Silicones, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and and, subject to Section 10.9, shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 5 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co), Advanstar Communications Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The TrusteeSubject to the provisions of Section 601, in its capacity as trustee under this Indenture, the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: Indenture (American General Corp /Tx/), Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the Debentures of any series or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 5 contracts
Samples: Source One Mortgage Services Corp, Source One Mortgage Services Corp, Source One Mortgage Services Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article X or otherwise.
Appears in 5 contracts
Samples: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Access Financial Solutions Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities the Partnership or to any of the Company Subsidiary Guarantors or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 4 contracts
Samples: Indenture (EnLink Midstream Partners, LP), Indenture (Kerr-McGee Gathering LLC), Indenture (Spectra Energy Partners, LP)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 13 or otherwise.
Appears in 4 contracts
Samples: Interliant Inc, Earthweb Inc, Triquint Semiconductor Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Notes or to the Company or to any other Person Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 12 or otherwise.
Appears in 4 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Wheeler Real Estate Investment Trust, Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUIDS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Indenture (Detroit Edison Co), Detroit Edison Co, Detroit Edison Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities Debentures or to the Company or to any other Person person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Eleven or otherwise.
Appears in 4 contracts
Samples: Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to a Subsidiary Guarantor or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Top Tankers Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Note Issuer and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Note Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness of the Note Issuer shall be entitled by virtue of this Article or otherwise.
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius Medical Care Corp, Fresenius National Medical Care Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Partnership or to the Guarantor or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Partnership or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Indenture (K-Sea Transportation Inc.), Heritage Operating Lp, ETC Texas Pipeline, LTD
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of either of the Issuers and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuers or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of either of the Issuers shall be entitled by virtue of this Article 10 or otherwise.
Appears in 4 contracts
Samples: Supplemental Indenture (Dex Media Inc), Supplemental Indenture (Dex Media International Inc), Dex Media Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 4 contracts
Samples: Indenture (Libbey Inc), Indenture (Libbey Inc), Indenture (Gibraltar Industries, Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 3 contracts
Samples: Indenture (AMI 2, Inc.), Quail Usa LLC, Pardril Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or to the Company an Issuer or to any other Person cash, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 3 contracts
Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC), Supplemental Indenture (Verso Paper Corp.)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article ARTICLE XII or otherwise.
Appears in 3 contracts
Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith and absent gross negligence or willful misconduct, mistakenly pay pays over or distribute distributes to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Patterson Energy Inc, Stillwater Mining Co /De/
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities Investment Notes or to the Company or to any other Person person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 3 contracts
Samples: Levitt Corporation (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Sumitomo Mitsui Financial Group, Inc.), Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Kent Electronics Corp, Building One Services Corp, Kent Electronics Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and and, subject to the provisions of Article Six, the Trustee shall not be liable to any such holders holder of Senior Indebtedness if it shall in good faith mistakenly pay over or distribute deliver to Holders of Securities or to Securities, the Company or to any other Person cash, property person money or securities assets to which any holders holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen or otherwise.
Appears in 3 contracts
Samples: Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUIDS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise. SECTION 409.
Appears in 3 contracts
Samples: Detroit Edison Co, Detroit Edison Co, Detroit Edison Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securities, the Company, or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 3 contracts
Samples: COLORADO INTERSTATE ISSUING Corp, COLORADO INTERSTATE ISSUING Corp, Hillenbrand Industries Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Debt Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise.
Appears in 3 contracts
Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources of California Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary or other duty to the holders of Senior Indebtedness and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture, sec.report, sec.report
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Indenture (Detroit Edison Trust I), Indenture (Detroit Edison Co), Dte Energy Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of the Senior Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseIssuer.
Appears in 3 contracts
Samples: Service Corporation International, Service Corporation International, Service Corporation International
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness and or Senior Indebtedness of the Company and, subject to Section 3.9, shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article III or otherwise.
Appears in 3 contracts
Samples: Subsidiary Guarantee (Nebraska Book Co), NBC Acquisition Corp, Nebraska Book Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Company, or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Seven or otherwise.
Appears in 3 contracts
Samples: Indenture (Lin Television Corp), WTNH Broadcasting Inc, Lin Television Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to the Holders of Securities or the Bonds, to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Symons International Group Inc, Superior National Insurance Group Inc, Fresenius National Medical Care Holdings Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders Holders of Senior Indebtedness and shall not be liable to any such holders Holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the Debentures of any series or to the Company or to any other Person cash, property or securities to which any holders Holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 3 contracts
Samples: Dte Energy Co, Dte Energy Co, Dte Energy Co
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this IndentureTrustee or paying agent hereunder, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable in either capacity to any such holders if it shall in good faith mistakenly pay over or distribute to Holders holders of Securities Securities, the Company, or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Fourteen or otherwise.
Appears in 2 contracts
Samples: Debt Indenture (General Electric Capital Corp), General Electric Capital Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Dura Pharmaceuticals Inc/Ca), Dura Pharmaceuticals Inc/Ca
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Neither the Trustee nor any Holder shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and of the Company or shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 8 or otherwise.
Appears in 2 contracts
Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities the QUICS of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Source One Mortgage Services Corp, Source One Mortgage Services Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Issuer and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Issuer shall be entitled by virtue of this Article Four or otherwise.
Appears in 2 contracts
Samples: Indenture (Renaissance Centro Arlington, LLC), Indenture (Renaissance Centro Arlington, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 10 or otherwise.
Appears in 2 contracts
Samples: Indenture (United States Can Company /De/), Indenture (Us Can Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer, or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 5 or otherwise.
Appears in 2 contracts
Samples: Getty Images Inc, Lin Television Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of the Senior Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders Security holders or the Company. This instrument may be executed in any number of Securities or to the Company or to any other Person cashcounterparts, property or securities to each of which any holders of Senior Indebtedness so executed shall be entitled by virtue of this Article or otherwisedeemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 14 or otherwise.
Appears in 2 contracts
Samples: Internet Capital Group Inc, Internet Capital Group Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Debt Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIII or otherwise.
Appears in 2 contracts
Samples: Indenture (American Oil & Gas Inc), Texas Capital Bancshares Inc/Tx
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article III or otherwise.
Appears in 2 contracts
Samples: Mercantile Bancorporation Inc, Mercantile Bancorporation Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article Ten or otherwise.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness by virtue of this Article and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Seventh Supplemental Indenture (Alcan Inc), Alcan Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders or creditors if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Corporation or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or Coupons or to the Company Trust or the Corporation, as the case may be, or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Starwood Lodging Corp, Starwood Lodging Trust
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 11 or otherwise.
Appears in 2 contracts
Samples: Skyworks Solutions Inc, Fairchild Semiconductor International Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders of Senior Indebtedness if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 6 or otherwise.
Appears in 2 contracts
Samples: Satisfaction and Discharge of Indenture (Actuant Corp), Indenture (Actuant Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuer or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: H&r Block Inc, H&r Block Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders holder of the Senior Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwiseCompany.
Appears in 2 contracts
Samples: Coastal Corp, Coastal Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall mistakenly, in good faith mistakenly the absence of gross negligence or willful misconduct, pay over or distribute to Holders of Securities Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Convertible Notes or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (United Usn Inc), Indenture (Usn Communications Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.. Section 1212. Rights of Trustee as Holder of Senior Indebtedness;
Appears in 2 contracts
Samples: Exhibit 4 (Converse Inc), Converse Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of the Senior Indebtedness Indebtedness, and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute money or assets to Holders of Securities Securityholders or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.Company. -----------------------------------
Appears in 2 contracts
Samples: Newfield Financial Trust Ii, Newfield Exploration Co /De/
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, -------------------------------------------------------- Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Exodus Communications Inc), Exodus Communications Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities of any series or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Raytheon Co/), Wellman Inc
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and (subject to Section 4.09 hereof) shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders holders of Securities Debentures or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 4 or otherwise.
Appears in 2 contracts
Samples: Indenture (Commscope Inc), Indenture (Commscope Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities and any coupons appertaining thereto or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Royal Gold Inc /De/, Royal Gold Inc /De/
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company Issuer or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities Noteholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 or otherwise.
Appears in 2 contracts
Samples: Indenture (Alliant Techsystems Inc), Headwaters Incorporated (Headwaters Inc)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Securities or to the Company Partnership, the Guarantor or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article X or otherwise.
Appears in 2 contracts
Samples: Indenture (K-Sea Transportation Inc.), Indenture (Heritage Propane Partners L P)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Issuers or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XIII or otherwise.
Appears in 2 contracts
Samples: PNG Finance Corp., Eott Energy Operating Lp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Homebanc Corp), Homebanc Corp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company or to the Subsidiary Guarantors or any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Subordinated Debt Securities or to the Company Partnership or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.
Appears in 2 contracts
Samples: Indenture (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp
Trustee Not Fiduciary for Holders of Senior Indebtedness. The TrusteeSubject to the provisions of Section 6.1, in its capacity as trustee under this Indenture, the Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article or otherwise.
Appears in 2 contracts
Samples: American General Corp /Tx/, American General Capital Iv
Trustee Not Fiduciary for Holders of Senior Indebtedness. The Trustee, in its capacity as trustee under this Indenture, Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of the Company and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of Senior Indebtedness of the Company shall be entitled by virtue of this Article 13 or otherwise.
Appears in 2 contracts
Samples: First Supplemental Indenture (Alliant Techsystems Inc), Second Supplemental Indenture (Alliant Techsystems Inc)
