Common use of Trustee Not Fiduciary for Holders of Senior Indebtedness Clause in Contracts

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, 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 Junior Subordinated 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The Trustee shall not be deemed to owe any fiduciary duty to, or be subject to any implied covenants or obligations in favor of, 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 Junior Subordinated 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 11 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes 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 10 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The 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 holders, absent gross negligence or wilful misconduct, if it shall in good faith mistakenly pay over or distribute to Holders of Junior Subordinated Notes 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes 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 ARTICLE X or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 holders, absent negligence or willful misconduct, if it shall in good faith mistakenly pay over or distribute to Holders of Junior Subordinated Notes or to the Company Alderwoods 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness and and, subject to the first sentence of Section 7.09, shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Junior Subordinated Notes 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601The Trustee, 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 and, subject to the provisions of Section 6, shall not be liable to the holder of any such holders Senior Indebtedness if it shall in good faith mistakenly pay over or distribute deliver to Holders of Junior Subordinated Notes Holders, the Company, or to the Company or to any other Person Person, cash, property or securities to which any holders holder of Senior Indebtedness shall be entitled to by virtue of this Article or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 and in the absence of gross negligence mistakenly pay over or distribute to Holders of Junior Subordinated Notes 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; provided, that, any such payments to Holders shall be and remain subject to the applicable provisions of this Article XII.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes 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 Four or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes the Debentures 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 holders of Junior Subordinated 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 Twelve or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The 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 Junior Subordinated Notes or to Securityholders, the Issuer, the Company 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 X or otherwise. Nothing in this Article X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601The Trustee, 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 and, subject to the provisions of Section 6, shall not be liable to the holder of any such holders Senior Indebtedness if it shall in good faith mistakenly pay over or distribute deliver to Holders of Junior Subordinated Notes Holders, the Company, or to the Company or to any other Person Person, cash, property or securities to which any holders holder of Senior Indebtedness shall be entitled to by virtue of this Article 10 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness or Guarantor 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 Junior Subordinated Notes Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Indebtedness or Guarantor Senior Indebtedness shall be entitled by virtue of this Article XIV or otherwise.. 110

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes Debt Securities or to the Company Partnership or to any Subsidiary of the Partnership which has guaranteed a Debt Security 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 12 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601The Trustee, 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 Junior Subordinated Notes Securities or to the Company Bank 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.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The 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 Junior Subordinated Notes or to Securityholders, 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. Nothing in this Article X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated Notes 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 9 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Subsidiary Guarantor and shall not be liable to any such holders if it shall in good faith mistakenly pay over or distribute to Holders of Junior Subordinated Notes Securityholders or to the Company or to any other Person cashPerson, property money or securities assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601, the 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 Junior Subordinated 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 10 or otherwise.

Trustee Not Fiduciary for Holders of Senior Indebtedness. Subject to the provisions of Section 601The Trustee, 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 Junior Subordinated Notes Securities or to the 79 86 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.