Common use of Trustee Status Clause in Contracts

Trustee Status. Nothing in this Agreement shall be construed to operate as a waiver by the Trustee, with respect to any Debtor or any Subsidiary of any Debtor, the Trustee, or any Noteholder, of the benefit of any exculpatory rights, privileges, immunities, indemnities, or reliance rights contained in any Indenture Loan Document, all of which rights, privileges, immunities and indemnities, the parties hereto agree are incorporated by reference herein. For all purposes of this Agreement, the Trustee may (a) rely in good faith, as to matters of fact, on any representation of fact believed by the Trustee to be true (without any duty of investigation) and that is contained in a written certificate of any authorized representative of any Debtor or of the Agent, and (b) assume in good faith (without any duty of investigation), and rely upon, the genuineness, due authority, validity, and accuracy of any certificate, instrument, notice, or other document believed by it in good faith to be genuine and presented by the proper person. Each Debtor and Agent expressly acknowledge that the subordination and related agreements set forth herein by the Trustee are made solely in its capacity as Trustee under the Indenture with respect to the Notes issued thereunder and the other Indenture Loan Documents and are not made by the Trustee in its individual capacity.

Trustee Status. Nothing in this Agreement shall be construed to operate as a waiver by the Trustee, with respect to any Debtor or any Subsidiary of any Debtor, the Trustee, or any Noteholder, of the benefit of any exculpatory rights, privileges, immunities, indemnities, or reliance rights contained in any Indenture Loan Document, all of which rights, privileges, immunities and indemnities, the parties hereto agree are incorporated by reference herein. For all purposes of this Agreement, the Trustee may (a) rely in good faith, as to matters of fact, on any representation of fact believed by the Trustee to be true (without any duty of investigation) and that is contained in a written certificate of any authorized representative of any Debtor or of the Agent, and (b) assume in good faith (without any duty of investigation), and rely upon, the genuineness, due authority, validity, and accuracy of any certificate, instrument, notice, or other document believed by it in good faith to be genuine and presented by the proper person. Each Debtor and Agent expressly acknowledge that the subordination and related agreements set forth herein by the Trustee are made solely in its capacity as Trustee under the Indenture with respect to the Notes issued thereunder and the other Indenture Loan Documents and are not made by the Trustee in its individual commercial capacity.