Common use of Trustee Not Responsible for Recitals or Issuance of Notes Clause in Contracts

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes or any Note Guarantee, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 4 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

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Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsIssuers, and the Trustee assumes no responsibility for their correctnesscorrectness and it shall not be responsible for Mediacom Broadband LLC’s use of the proceeds from the Notes. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company Issuers are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company Issuers of the Notes or proceeds of the proceeds thereofNotes.

Appears in 3 contracts

Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband Corp

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes and shall not be responsible for any statement of any Person in this Indenture, the Notes or any Note Guaranteestatement made in connection with the sale of the Notes, except provided that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (NXS I LLC), Amphenol Corp /De/

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and or the Subsidiary Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a any Statement of Eligibility on of Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes or any Note Subsidiary Guarantee, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Satisfaction And (Afa Products Inc), Indenture (Insight Health Services Corp)

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary Notes Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note Guaranteeof the Subsidiary Notes Guarantees, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Citadel License Inc), Citadel Communications Corp

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes and shall not be responsible for any statement of any Person in this Indenture, the Notes or any Note Guaranteestatement made in connection with the sale of the Notes, except provided that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Alliance Imaging Inc /De/), Indenture (Alliance HealthCare Services, Inc)

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes and shall not be responsible for any statement of any Person in this Indenture, the Notes or any Note Guaranteestatement made in connection with the sale of the Notes, except PROVIDED that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 2 contracts

Samples: Indenture (Boyds Collection LTD), Indenture (Alliance Imaging Inc /De/)

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsIssuers, and the Trustee assumes no responsibility for their correctnesscorrectness and it shall not be responsible for Mediacom LLC’s use of the proceeds from the Notes. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company Issuers are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company Issuers of the Notes or proceeds of the proceeds thereofNotes.

Appears in 1 contract

Samples: Mediacom Communications Corp

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes Security and Pledge Agreement, any Collateral or any Note Guaranteethe Notes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Shop at Home Inc /Tn/

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Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity validity, legality or sufficiency of this Indenture, Indenture or of the Notes or of the Subsidiary Guarantees or any Note Guaranteecontracts referenced herein to which the Company or any Subsidiary Guarantor is a party, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes Indenture and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Drypers Corp

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctnesscorrectness and it shall not be responsible for the Company's use of the proceeds from the Notes. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or proceeds of the proceeds thereofNotes.

Appears in 1 contract

Samples: Indenture (Colortyme Inc)

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's ’s certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsIssuers, and the Trustee assumes no responsibility for their correctnesscorrectness and it shall not be responsible for Mediacom LLC’s use of the proceeds from the Notes. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 T-1, if any, supplied to the Company Issuers are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company Issuers of the Notes or proceeds of the proceeds thereofNotes.

Appears in 1 contract

Samples: Mediacom Capital Corp

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary Guarantors, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes or any Note Guarantee, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or the proceeds thereof.

Appears in 1 contract

Samples: Indenture (Extendicare Health Services Inc)

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except for the Trustee's certificates of authentication, shall be taken as the the. statements of the Company and the Subsidiary GuarantorsCompany, and the Trustee assumes no responsibility for their correctnesscorrectness and it shall not be responsible for the Company's use of the proceeds from the Notes. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Trustee shall not be accountable for the use or application by the Company of the Notes or proceeds of the proceeds thereofNotes.

Appears in 1 contract

Samples: Flag Telecom Holdings LTD

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the NotesNotes and in the Collateral Documents, except for the Trustee's certificates of authentication, shall be taken as the statements of the Company and the Subsidiary GuarantorsCompany, and neither the Trustee nor any Authenticating Agent assumes no any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, Indenture or of the Notes or any Note GuaranteeNotes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder and, upon the effectiveness of the Registration Statement, and that the statements made by it in a its Statement of Eligibility on Form T-1 supplied to the Company are true and accurate, subject to the qualifications set forth therein. The Neither the Trustee nor any Authenticating Agent shall not be accountable for the use or application by the Company of the Notes or the proceeds of the sale thereof.

Appears in 1 contract

Samples: Indenture (Convergent Communications Inc /Co)

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