Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 338 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Rights Agreement
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 227 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Element Solutions Inc), Indenture (Apparel Holding Corp.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 170 contracts
Samples: Satisfaction And (AMC Networks Inc.), Indenture (Comstock Resources Inc), Exchange Agreement (Mercer International Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 155 contracts
Samples: Indenture (FTAI Aviation Ltd.), Indenture (Toys R Us Inc), Indenture (Taylor Morrison Home Corp)
Trustee’s Disclaimer. The Trustee shall will not be (A) responsible for for, and makes no representation as to to, the validity or adequacy of this Indenture or the Notes, it shall not be ; (B) accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be ; (C) responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be (D) responsible for any statement or recital herein or any statement in this Indenture, the Notes or any other document in connection with relating to the sale of the Notes or pursuant to this Indenture Indenture, other than its the Trustee’s certificate of authentication.
Appears in 129 contracts
Samples: Indenture (Booking Holdings Inc.), Cytokinetics, Incorporated (Cytokinetics Inc), Indenture (Neurocrine Biosciences Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 117 contracts
Samples: Indenture (Cco Holdings Capital Corp), Indenture (Vine Energy Inc.), Indenture (Viasat Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 105 contracts
Samples: Indenture (Parsley Energy, Inc.), Indenture (Sunoco LP), Indenture (Tesoro Logistics Northwest Pipeline LLC)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 79 contracts
Samples: Indenture (RathGibson Inc), Execution Copy (M & F Worldwide Corp), Indenture (Kinder Morgan, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Issuer pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 53 contracts
Samples: Indenture (Essar Steel Algoma Inc.), Indenture (Surgery Partners, Inc.), Indenture (Cott Corp /Cn/)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's either Issuer’s use of the proceeds from the Notes or any money paid to the Company an Issuer or upon the Company's either Issuer’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 53 contracts
Samples: Indenture (Global Partners Lp), Supplemental Indenture (Genesis Energy Lp), Supplemental Indenture (Crosstex Energy Lp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 52 contracts
Samples: Supplemental Indenture (Laredo Petroleum Holdings, Inc.), Indenture (Brigham Exploration Co), Indenture (Continental Resources Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 49 contracts
Samples: Indenture (Compton Petroleum Holdings CORP), Supplemental Indenture (Liberty Global PLC), Indenture (Range Resources Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers' use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers' direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 45 contracts
Samples: Wynn Resorts LTD, Wynn Las Vegas LLC, Charter Communications Holdings LLC
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 43 contracts
Samples: Indenture (Broader Media, LLC), Indenture (Builders FirstSource, Inc.), Indenture (Cohn Robbins Holdings Corp.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication on the Notes.
Appears in 29 contracts
Samples: Indenture (Centennial Resource Development, Inc.), Senior Secured Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (WeWork Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Note Guarantee, it shall not be accountable for the Company's Issuer’s or any Guarantor’s use of the proceeds from the sale of Notes or any money paid to the Company Issuer or upon any Guarantor pursuant to the Company's direction under any provision terms of this Indenture, Indenture and it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it . The Trustee shall not be responsible for any statement or recital herein or any statement in the Notes Notes, Note Guarantee, this Indenture or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 21 contracts
Samples: Indenture (Iac/Interactivecorp), Indenture (News Corp), Indenture (QVC Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for for, and makes no representation as to the validity or adequacy of of, this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 18 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Issuers pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Issuers in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 17 contracts
Samples: Indenture (Restaurant Brands International Limited Partnership), Indenture (Ladder Capital Corp), Indenture (INC Research Holdings, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 17 contracts
Samples: Supplemental Indenture (Meristar Hospitality Corp), Indenture (Atlantic Express Transportation Corp), Indenture (Archibald Candy Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 14 contracts
Samples: Indenture (Davis-Standard CORP), Indenture (Anchor Glass Container Corp /New), Indenture (Davis-Standard CORP)
Trustee’s Disclaimer. The Trustee and the Agents shall not be responsible for and makes make no representation as to the validity validity, effectiveness or adequacy of this Indenture Indenture, the offering materials related to the Notes or the Notes, it ; they shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, hereof; and it they shall not be responsible for any statement or recital herein of the Issuer or the Guarantors or any document issued in connection with the sale of Notes or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authentication.
Appears in 14 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer's use of the proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 14 contracts
Samples: Restaurant Co of Minnesota, Indenture (Willis Group Holdings LTD), Indenture (Anchor Holdings Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 13 contracts
Samples: Indenture (Park Hotels & Resorts Inc.), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (Park Hotels & Resorts Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 13 contracts
Samples: Indenture (Texas Industries Inc), Article Twelve Satisfaction And (American Seafoods Inc), Registration Rights Agreement (Signal Medical Services)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesSecurities, it shall not be accountable for the Company's ’s use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 13 contracts
Samples: Indenture (Sten Corp), Indenture (GWG Holdings, Inc.), Indenture (Multiband Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction of the Company under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 12 contracts
Samples: Indenture (Vail Resorts Inc), Indenture (Houston Exploration Co), Assumption Agreement (Quaker Holding Co)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Notes.
Appears in 9 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenturehereof, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 9 contracts
Samples: Indenture (Rattler Midstream Lp), Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Oasis Petroleum Inc.)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by any Notes.
Appears in 8 contracts
Samples: Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.), Indenture (Nerdwallet, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Sale and Servicing Agreement, the Trust Agreement, the Notes or any other Transaction Document, the validity or sufficiency of any security interest intended to be created or the Notescharacterization of the Notes for tax purposes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the TrusteeNotes, and it shall not be responsible for any statement of the Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 8 contracts
Samples: Indenture (NewStar Financial, Inc.), Indenture (Hercules Capital, Inc.), Indenture (Hercules Technology Growth Capital Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyIssuer's use of the any proceeds from the Notes or any money paid to the Company Issuer or upon the CompanyIssuer's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale issuance of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 8 contracts
Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it . It shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it . It shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, ; it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, ; it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Pacific Environmental Group Inc /Pa), Indenture (Golden Northwest Aluminum Holding Co), Indenture (Newcor Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notesany Securities, it shall not be accountable for the Company's ’s use of the proceeds from the Notes any Securities or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes any Securities or any other document in connection with the sale of the Notes any Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp), Equinix Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesSecurities, it shall not be accountable for the Company's use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Onyx Acceptance Corp), Indenture (Zanett Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers' use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers' direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Midwest Generation LLC), Indenture (Ventas Inc), Security Agreement (American Barge Line Co)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Issuer pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 6 contracts
Samples: Indenture (Ultra Petroleum Corp), Indenture (Radioshack Corp), Warrant Agreement (Ultra Petroleum Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document furnished or issued in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (United Community Banks Inc), Indenture (Caraustar Industries Inc), Indenture (Printpack Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or Subsidiary Guarantees, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or Subsidiary Guarantees or in the Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or any Note Guarantee, it shall not be accountable for the Company's an Issuer’s or any Guarantor’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision sale of this IndentureNotes, it shall will not be responsible for the use or application of any money received by any Paying Agent (other than itself as Paying Agent) or any money paid to an Issuer or any Guarantor pursuant to the Trustee, terms of this Indenture and it shall not be responsible for any statement or recital herein or any statement in the Notes Notes, the Note Guarantees or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's Issuers’ use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Note Guarantee, it shall not be accountable for the Company's Issuer’s or any Guarantor’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision sale of this IndentureNotes, it shall will not be responsible for the use or application of any money received by any Paying Agent (other than itself as Paying Agent) or any money paid to the Trustee, Issuer or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement or recital herein or any statement in the Notes Notes, the Note Guarantees or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuers' use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers' direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Intercreditor Agreement (Peninsula Gaming Corp), Supplemental Indenture (Meristar Hospitality Corp), Credit Agreement (Meristar Hospitality Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesSecurities, it shall not be accountable for the Company's ’s use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Indenture (Centene Corp)
Trustee’s Disclaimer. The Trustee shall will not be (A) responsible for for, and makes no representation as to to, the validity or adequacy of this the Indenture or the Notes, it shall not be ; (B) accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this the Indenture, it shall not be ; (C) responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be (D) responsible for any statement or recital herein or any statement in the Indenture, the Notes or any other document in connection with relating to the sale of the Notes or pursuant to this Indenture the Indenture, other than its the Trustee’s certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Nikola Corp), Supplemental Indenture (Cheesecake Factory Inc), First Supplemental Indenture (Centennial Resource Development, Inc.)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of any offering materials, this Indenture Indenture, the Notes or the Notes, any Subsidiary Guarantee; it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, ; it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall will not be responsible for any statement or recital herein or any statement in the Notes Notes, any Subsidiary Guarantee or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Vistra Energy Corp.), Indenture (Vistra Corp.), Supplemental Indenture (Vistra Energy Corp.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Subsidiary Guarantee, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes Notes, any Officers’ Certificate delivered to the Trustee hereunder, or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authenticationauthentication hereunder.
Appears in 5 contracts
Samples: Indenture (Switch, Inc.), Indenture (Switch, Inc.), Indenture (Group 1 Automotive Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it . It shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it . It shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 4 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Gencorp Inc), Indenture (Delta Air Lines Inc /De/)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, Securities; it shall not be accountable for the Company's ’s use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, ; it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 4 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (PRGX Global, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Delta Financial Corp, Df Special Holdings Corp, Matrix Capital Corp /Co/
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Subsidiary Guarantee, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Supplemental Indenture (MST Enterprises Inc), Supplemental Indenture (Supermarket Cigarette Sales Inc), National Equipment Services Inc
Trustee’s Disclaimer. The Trustee and the Agents shall not be responsible for and makes make no representation as to the validity validity, effectiveness or adequacy of this Indenture or the Notes, ; it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company or upon the Company's direction under any provision of this Indenture, hereof; it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein of the Company, or any document issued in connection with the sale of Notes or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee's certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Versatel Telecom International N V
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Security Documents or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Cogent Communications Group Inc), Indenture (Cogent Communications Holdings, Inc.), Indenture
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Kinetik Holdings Inc.), Haights Cross Operating Company (Haights Cross Operating Co), Indenture (Kinetik Holdings Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Guarantees, or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Issuer pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Issuer in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 3 contracts
Samples: Indenture (ExamWorks Group, Inc.), Indenture (Verity Administrators, Inc.), Indenture (ExamWorks Group, Inc.)
Trustee’s Disclaimer. (a) The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture hereof or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenturehereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Supplemental Indenture (Akumin Inc.), Contingent Value Rights Agreement (Akumin Inc.), Akumin Inc.
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall will not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Tv Filme Inc), Indenture (Claxson Interactive Group Inc), Central Garden & Pet Company
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication, and it assumes no responsibility for their correctness.
Appears in 3 contracts
Samples: Indenture (Interhealth Facility Transport, Inc.), Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall will not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Indenture (QGOG Constellation S.A.), Supplemental Indenture (Xm Satellite Radio Holdings Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc), Superior Energy Services Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee's certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Covanta Energy Corp), Danielson Holding Corp, Covanta Energy Corp
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes Notes, the Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 3 contracts
Samples: Square, Inc., Coinbase Global, Inc., Square, Inc.
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes, the Security Documents or the NotesIntercreditor Agreements, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this IndentureIndenture or such other documents, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or therein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture or such other documents other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Michaels Companies, Inc.), Indenture (Campbell Alliance Group Inc), Indenture (West Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication. The recitals contained herein and in the Notes, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any authenticating agent assumes no responsibility for their correctness.
Appears in 2 contracts
Samples: Supplemental Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, priority or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Amerisourcebergen Corp), Indenture (Omni Med B Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company or upon the Company's direction under any provision of this Indenture, it hereof. The Trustee shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Huntsman Polymers Corp), Imperial Credit Industries Inc
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture or the legality or validity of the Notes or this Indenture other than its certificate of authentication.
Appears in 2 contracts
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication and any other certificate or other document executed by the Trustee and delivered to the Company.
Appears in 2 contracts
Samples: Molina Healthcare Inc, Molina Healthcare Inc
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Security Documents or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (SAExploration Holdings, Inc.), Agreement and Plan of Merger (Metaldyne Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the CompanyTrust's use of the proceeds from the Notes or any money paid to the Company Trust or upon the CompanyTrust's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Experience Management LLC), Experience Management LLC
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's Issuers' use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers' direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Superior Essex Inc, Securities Purchase Agreement (Aas Capital Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Supplemental Indenture (IASIS Healthcare LLC), Supplemental Indenture (Kraton Polymers LLC)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Guarantee, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company Issuer or upon the Company's Issuer’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Allwyn Entertainment Financing (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes Notes, Offering Memorandum or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Firstcash, Inc), Indenture (FirstCash Holdings, Inc.)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (T-Mobile US, Inc.), Indenture (Metropcs Communications Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it Securities. It shall not be accountable for the Company's ’s use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it hereof. It shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it . It shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Performance Home Buyers LLC), Indenture (Performance Home Buyers LLC)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesNotes or Subsidiary Guarantees, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or Subsidiary Guarantees or in the Offering Circular or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Diamond Foods Inc), Indenture (Post Holdings, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authenticationauthentication or for compliance by the Company with the Registration Rights Agreement.
Appears in 2 contracts
Samples: Indenture (Air Rental Supply Inc), Pacific Aerospace & Electronics Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to sale of the Company or upon the Company's direction under any provision of this IndentureNotes, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, Trustee or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of the Company in this Indenture or recital herein or in any statement in the Notes or any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee’s certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Earthstone Energy Inc), Earthstone Energy Inc
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's OPTI’s use of the proceeds from the Notes or any money paid to the Company OPTI or upon the Company's OPTI’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Opti Canada Inc), Opti Canada Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes, any Note Guarantee, the Priority Agreement (or any additional intercreditor agreement or priority agreement entered into in accordance with the terms of the Priority Agreement or this Indenture) or the NotesSecurity Documents, it shall not be accountable for the Company's Issuer’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the TrusteeNotes, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (VimpelCom Ltd.), Indenture (VimpelCom Ltd.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesSecurities, it shall not be accountable for the Company's use of the proceeds from the Notes Securities or any money paid to the Company or upon the Company's direction of the Company under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes Securities or any other document in connection with the sale of the Notes Securities or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Vail Resorts Inc, Vail Resorts Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or the Notesany Subsidiary Guarantee, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes Notes, any Officer’s Certificate delivered to the Trustee hereunder, or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its the Trustee’s certificate of authenticationauthentication hereunder.
Appears in 2 contracts
Samples: Indenture (Playtika Holding Corp.), Indenture (SYNAPTICS Inc)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes Notes, Offering Circular or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Supplemental Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it . The Trustee and any authenticating agent shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it and shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee. The statements and recitals contained herein, and it shall not be responsible for any statement or recital herein or any statement in the Notes or in any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate Indenture, except the Trustee's certificates of authentication, shall be taken as the statements of the Company, and the Trustee or any authenticating agent assumes no responsibility for their correctness.
Appears in 2 contracts
Samples: Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's Authority’s use of the proceeds from the Notes or any money paid to the Company Authority or upon the Company's Authority’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Mohegan Tribal Gaming Authority (Mohegan Tribal Gaming Authority), Mohegan Tribal Gaming Authority
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, Notes it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: K&f Industries Inc, K&f Industries Inc
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers' direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Biltmore Surgery Center Holdings Inc, National Crane Corp
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Agreement or the Notes, it shall not be accountable for the Company's Companies' use of the proceeds from the Notes or any money paid to the Company Companies or upon the Company's Companies' direction under any provision of this IndentureAgreement, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture Agreement other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Amerco /Nv/), Indenture (Sac Holding Corp)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Notes or of any prospectus used to sell the Notes, ; it shall not be accountable for the Company's use of the proceeds from the Notes or Notes; it shall not be accountable for any money paid to the Company Company, or upon the Company's direction direction, if made under and in accordance with any provision of this Indenture, ; it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, ; and it shall not be responsible for any statement of the Company in this Indenture or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital 73 80 herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Echostar Broadband Corp), Echostar Communications Corp
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notesany other Note Document, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication, and it will not be responsible for any actions or inactions of the Collateral Trustee with respect to the Collateral and shall have no duty to monitor, review or otherwise act with respect to any Collateral.
Appears in 2 contracts
Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication, and it assumes no responsibility for their correctness. The Trustee shall have no responsibility with respect to any calculations made by the Company with respect to any Excess Cash Flow Offer or Asset Sale Offer.
Appears in 2 contracts
Samples: Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Alon Refining Krotz (Alon USA Energy, Inc.)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Collateral Documents or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the TrusteeNotes, and it shall not be responsible (a) for any statement or recital herein or any statement of the Company in this Indenture, including the recitals contained herein, in the Notes Collateral Documents or in any other document issued in connection with the sale of the Notes or pursuant to this Indenture in the Notes other than its the Trustee's certificate of authenticationauthentication or (b) for compliance by the Company with the Registration Agreement.
Appears in 2 contracts
Samples: Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Crum & Forster Holdings Corp), Covenants (Dole Food Co Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company Issuers or upon the Company's Issuers’ direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee shall will not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's direction under any provision of this Indenture, it shall will not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall will not be responsible for any statement or recital herein or any statement herein, in the Offering Circular, in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee (including in its capacity as Collateral Agent) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Security Documents or the Notes, it shall not be accountable for the Company's ’s use of the proceeds from the Notes or any money paid to the Company or upon the Company's ’s direction under any provision of this IndentureIndenture or the Security Documents, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (MxEnergy Holdings Inc)
Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, or the Notes, it shall not be accountable for the Company's use of the proceeds from the Notes or any money paid to the Company or upon the Company's 71 direction under any provision of this Indenture, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it shall not be responsible for any statement or recital herein or any statement in the Notes or any other document in connection with the sale of the Notes or pursuant to this Indenture other than its certificate of authentication.
Appears in 1 contract
Samples: Indenture (Commemorative Brands Inc)