Common use of Trustee’s Disclaimer Clause in 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 use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 68 contracts

Samples: Indenture (Pra Group Inc), Indenture (Southwest Gas Corp), Indenture (Expedia Group, Inc.)

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Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 58 contracts

Samples: Indenture (PHH Corp), Indenture (Ak Steel Holding Corp), Collateral Trust Agreement (Harbinger Group Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 50 contracts

Samples: Jsce Inc, Registration Rights Agreement (Jsce Inc), Indenture (Extended Stay America 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 proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 49 contracts

Samples: Supplemental Indenture, Passu Intercreditor Agreement (Diamond Resorts Parent, LLC), Supplemental 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 Notes, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 47 contracts

Samples: Indenture (Hudbay Minerals Inc.), Supplemental Indenture (Venoco, Inc.), Indenture (Hudbay Minerals 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, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 44 contracts

Samples: Indenture (Huntsman LLC), Indenture (Huntsman Polymers Corp), Huntsman Advanced Materials (UK) 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 Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 43 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Indenture (Bode Concrete LLC), Indenture (Omega Healthcare Investors Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 43 contracts

Samples: Supplemental Indenture (Black Knight Financial Services, Inc.), Indenture (Sandridge Energy Inc), Supplemental Indenture (Consensus Cloud Solutions, 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 Trust Estate or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 37 contracts

Samples: Indenture (WFS Financial 2004-4 Owner Trust), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Receivables Corp 3)

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, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 36 contracts

Samples: Supplemental Indenture (MPT Operating Partnership, L.P.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (WESTMORELAND COAL Co)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 33 contracts

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (SPX FLOW, Inc.), Indenture (PAETEC 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 use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of its authentication.

Appears in 30 contracts

Samples: Indenture (American Airlines Inc), Senior Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 29 contracts

Samples: Indenture (Micron Technology Inc), Indenture (SAVVIS, Inc.), Indenture (Hovnanian Enterprises 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, 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 23 contracts

Samples: Pooling Agreement (Bunge Limited Finance Corp), Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge 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 Notes, it shall not be accountable for the Company’s use of the Notes or the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued or offering circular (or similar document) used in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication or for the use or application of any funds received by any Paying Agent other than the Trustee.

Appears in 21 contracts

Samples: Indenture (Aar Corp), Change   Stock (Ciena Corp), Indenture (PSS World Medical 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 Guarantee, it shall not be accountable for the CompanyIssuer’s or any Guarantor’s use of the proceeds from the Notes, sale of Notes or any money paid to the Issuer or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 18 contracts

Samples: Indenture (William Lyon Homes), Indenture (Meritage Homes CORP), Indenture (M I Homes 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 proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer or any other Person in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 15 contracts

Samples: Indenture (Howard Hughes Corp), Indenture (Forestar Group Inc.), Supplemental Indenture (Alcoa Corp)

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 CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any other document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication executed by the Trustee.

Appears in 14 contracts

Samples: Supplemental Indenture (Mens Wearhouse Inc), Indenture (Energizer Holdings, Inc.), Supplemental Indenture (Interval Leisure 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, Notes and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Notes, other than the Trustee’s 's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.

Appears in 14 contracts

Samples: Indenture (Mmi Products Inc), Indenture (Southern Pacific Funding Corp), Tia Indenture (Mmi Products 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, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of Notes (including, without limitation, the Notes Offering Memorandum) or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture or the Notes.

Appears in 14 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)

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, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 14 contracts

Samples: Financing and Security Agreement (Kimberton Enterprises Inc), Indenture (Penn National Gaming Inc), Indenture (Roadhouse Grill 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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 13 contracts

Samples: Merger Agreement (Physicians Management, LLC), Merger Agreement (Davita Inc), Davita 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 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this the Indenture or in any document issued in connection with the sale of the Notes or statement in the Notes other than its authentication or for compliance by the Trustee’s certificate of authenticationCompany with the Registration Rights Agreement.

Appears in 13 contracts

Samples: Indenture (Peregrine Systems Inc), Indenture (NTL Inc /De/), Indenture (NTL Communications 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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 13 contracts

Samples: Indenture (Owens Illinois Group Inc), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Owens-Illinois Healthcare Packaging Inc.)

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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 12 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, 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, sale of Notes 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 in any document issued in connection with the sale of the Notes recital herein or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 12 contracts

Samples: Indenture (McClatchy Co), Indenture (Lamar Advertising Co/New), Lamar Media Corp/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, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 11 contracts

Samples: Refinancing Agreement (Warner Music Group Corp.), Supplemental Indenture (Warner Music Group Corp.), Indenture (Warner Music Group 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, any Basic Documents, the Trust Estate, the Collateral or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 11 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no -------------------- representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Indenture (Loudcloud Inc), Marvel Enterprises Inc, Itc Deltacom 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 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Esterline Technologies Corp, Indenture (Armor Holdings Inc), Securities Purchase Agreement (Clearwire Corp)

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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 9 contracts

Samples: Security Agreement (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment 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 's use of the proceeds from the Notes, sale of Notes 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Purchase Agreement (Paxson Communications Corp), Indenture (Cole National Corp /De/), Indenture (Cole National 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 Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Indenture (American Seafoods 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, and it shall not be responsible for any statement of the Company in this Indenture Indenture, in the Notes, or in any document issued executed in connection with the sale of the Notes or in the Notes Notes, other than those set forth in the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (OC Holding Company, LLC), Indenture (O Reilly Automotive Inc), Indenture (OC Holding Company, 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 . It shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of the Notes and it shall not be responsible for any statement (i) in the Notes, other than its certificate of the Company in this Indenture authentication, or (ii) in any document issued prospectus used in connection with the sale of the Notes or in the Notes Notes, other than statements provided in writing by the Trustee’s certificate of authenticationTrustee for use in such prospectus.

Appears in 8 contracts

Samples: Indenture (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance I 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 NotesGuarantees, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture Indenture, or in any document issued in connection with the sale of the Notes or statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Vertis Inc), Indenture (USA Direct, LLC), Indenture (Webcraft 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 Collateral Documents, the Senior Notes or the Notesany Guarantee, it shall not be accountable for the Company’s 's use of the proceeds from the Notessale of Senior Notes or any money paid to the Company pursuant to the terms of this Indenture or the Collateral Documents, and it shall not be responsible for any statement of in the Company in this Indenture Senior Notes or in any document issued used in connection with the sale of the Notes or in the Senior Notes other than the Trustee’s its certificate of authentication.

Appears in 8 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)

Trustee’s Disclaimer. The Neither the Trustee nor any Agent 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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Tam S.A.), Indenture (Gol Finance LLP), Indenture (Tam S.A.)

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, sale of Notes 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 Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (American Greetings Corp), Basic Energy Services (Basic Energy Services Inc), Indenture (American Greetings 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 . The Trustee shall not be accountable for the Company’s use of the proceeds from the Notes, Notes and it shall not be responsible for any statement in any registration statement for the Notes filed with the SEC under the Securities Act (other than any Statement of the Company Eligibility on Form T-1) or in this Indenture (other than its eligibility under Section 7.10) or in any document issued in connection with the sale of the Notes or in the Notes (other than the Trustee’s its certificate of authentication).

Appears in 7 contracts

Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, 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 Trust Estate or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Green Tree Financial Corp), Indenture (TMS Auto Holdings Inc), Execution Copy (Olympic Financial 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 Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Money Store Commercial Mortgage Inc), Barnett Auto Receivables Corp, Money Store Home Equity 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 CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate certification of its authentication.

Appears in 7 contracts

Samples: Supplemental Indenture (Inverness Medical Innovations Inc), Supplemental Indenture (Inverness Medical Innovations Inc), Supplemental Indenture (Alere Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture Indenture, any offering materials or the Notes, it shall ; (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, ; and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Cosan Ltd.), Indenture (Cosan Ltd.), Indenture (Cosan 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 Notes, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Huntsman CORP), Indenture (Huntsman International 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, sale of Notes 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Affinity Group Holding, Inc., Affinity Group Inc, Indenture (Buslease Inc /New/)

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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Medianews Group Inc), Indenture (Gaylord Container Corp /De/), Indenture (Gaylord Container Corp /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, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Diamond Triumph Auto Glass Inc), Activant Solutions Inc /De/, Cooperative Computing 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, it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes, and it shall not be responsible for any statement of in the Company in this Indenture or in any document issued in connection with the sale of offering memorandum for the Notes or in the Indenture or the Notes (other than the Trustee’s its certificate of authentication), the acts of a prior Trustee hereunder, or the determination as to which beneficial owners are entitled to receive any notices hereunder.

Appears in 6 contracts

Samples: Supplemental Indenture (Equistar Chemicals Lp), Supplemental Indenture (Equistar Funding Corp), Supplemental Indenture (Lyondell Chemical 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 use uses of the proceeds from the Notes, and it shall not be responsible for any statement of the Company or the Guarantors in this Indenture Indenture, in the Notes or in any document issued executed in connection with the sale of the Notes or in the Notes Notes, other than those set forth in the Trustee’s certificate of authentication. The recitals contained herein and in the Notes shall be taken as the statements of the Company and the Guarantors, and the Trustee assumes no responsibility or liability for their correctness.

Appears in 6 contracts

Samples: Indenture (Ashland Inc.), Indenture (Glatfelter Corp), Indenture (Vista Outdoor 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, any Subsidiary Guarantee or the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Indenture (MSCI Inc.), Supplemental Indenture (Verisign Inc/Ca), Supplemental Indenture (MSCI 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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder.

Appears in 6 contracts

Samples: Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)

Trustee’s Disclaimer. The Trustee (i) shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it (ii) shall not be accountable for the Company’s 's use of the proceeds from the NotesNotes (iii) shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee, and it (iv) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Amtran Inc), Indenture (Amtran Inc), American Trans Air Execujet 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, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Grupo Iusacell Sa De Cv), Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (ii) is not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it shall (iii) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 6 contracts

Samples: Sun Microsystems, Inc., Supplemental Indenture (Sybron Dental Specialties Inc), Indenture (Ipalco Enterprises 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, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 6 contracts

Samples: Nortek Holdings Inc, Indenture (MAAX Holdings, Inc.), Ply Gem 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, and it shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document entered into or issued in connection with the issuance and sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Kci New Technologies Inc, Atc Group Services Inc /De/, Sickinger Co

Trustee’s Disclaimer. The Trustee shall (i) is not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall (ii) will not be accountable for the Company’s use of the proceeds from the Notes, and it shall (iii) will not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Indenture, other than the Trustee’s certificate of authentication, or in any document used in the sale of the Notes, other than statements, if any, provided in writing by the Trustee for use in such a document.

Appears in 5 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

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, and it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Pledge Agreement (Coinmach Service Corp), Indenture (Huntsman Petrochemical Finance Co), Indenture (Alta One Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture Indenture, the Security Documents, the Intercreditor Agreement or the Notes, it shall (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it (c) shall not be responsible have any responsibility for the Company’s or any statement of the Company in this Indenture Holder’s compliance with any state or in any document issued U.S. federal securities law in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationNotes.

Appears in 5 contracts

Samples: Supplemental Indenture (Yin Jia Investments LTD), Supplemental Indenture (Yin Jia Investments LTD), Supplemental Indenture (Yin Jia Investments 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 NotesNotes or any Guarantee, it shall not be accountable for the Company’s 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, any Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

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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 recitals therein, it shall not be accountable for the Company’s 's use of the proceeds from the Notes, sale of Notes 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Healthsouth Corp), Supplemental Indenture (Ifco Systems Nv), Indenture (Healthsouth Corp)

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, and it shall not be responsible for any statement of the Company in this Indenture or in any other document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationauthentication executed by the Trustee.

Appears in 5 contracts

Samples: Registration Rights Agreement (Tempur Sealy International, Inc.), Indenture (Tempur Pedic International Inc), Indenture (Tempur Sealy 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, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s 's certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 5 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc), Nortek Inc

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture or the Notes, it (b) shall not be accountable for the Company’s 's use or application of the proceeds from of the Notes, Notes and it (c) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Colo Com), Viatel Inc, Viatel 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 's use of the Notes or the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authenticationauthentication or for the use or application of any funds received by any Paying Agent other than the Trustee.

Appears in 5 contracts

Samples: Columbus Energy Corp, Tango of Arundel, Inc., Quiksilver Inc

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 Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuers in this Indenture or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure 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 Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication. The recitals contained herein are statements of the Company.

Appears in 5 contracts

Samples: Indenture (Landrys Restaurants Inc), Indenture (Landrys Restaurants Inc), Indenture (Hhgregg, 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. Further, it the Trustee shall not be accountable for the Company’s 's use of the proceeds from the Notes, and it shall not nor be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar 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, and it shall not be responsible for any statement of in the Company in this Indenture or in any document issued in connection with the sale of offering memorandum for the Notes or in the Indenture or the Notes (other than the Trustee’s its certificate of authentication), the acts of a prior Trustee hereunder, or the determination as to which beneficial owners are entitled to receive any notices hereunder.

Appears in 5 contracts

Samples: Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD)

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 Trust Estate or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Note Depository Agreement (Franklin Auto Trust 2003-2), Note Depository Agreement (Franklin Auto Trust 2004-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1)

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, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in this Indenture Notes or in any document issued used in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Pledge and Intercreditor Agreement (Pierce Leahy Corp), Pierce Leahy Corp, Pierce Leahy Corp

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (b) is not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Century Aluminum Co), Supplemental Indenture (Hovnanian Enterprises Inc), Supplemental Indenture (Hovnanian Enterprises Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this the Indenture or the Notes, it shall (b) is not be accountable for the Company’s use or application of the proceeds from the Notes, Notes and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Hovnanian Enterprises Inc), Indenture (Vistancia Marketing, 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 NotesNotes or any money paid to the Company or upon the Company's direction under any provision 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 shall not be responsible for any statement of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Notes or statement in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Metrocall Inc), Indenture (Westinghouse Air Brake Technologies Corp), Trinity Marine Products, 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 Guarantee, it shall not be accountable for the Company’s Issuers' or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Issuers or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Pca International Inc), Ashton Houston Residential L.L.C., Transwestern Holdings Lp

Trustee’s Disclaimer. The Trustee shall (i) is not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the NotesIndenture, it shall (ii) will not be accountable for the Company’s use of the proceeds from the Notes, and it shall (iii) will not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes Indenture, other than the Trustee’s certificate of authentication, or in any document used in the sale of the Notes, other than statements, if any, provided in writing by the Trustee for use in such a prospectus.

Appears in 4 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

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 of the Notes, Notes and it shall not be responsible for any statement of contained herein or any statement contained in the Company in this Indenture Notes or in any other document issued in connection with the sale of the Notes or in the Notes pursuant to this Indenture other than the Trustee’s certificate 's certificates of authentication.

Appears in 4 contracts

Samples: Indenture (Goss Holdings Inc), Purchase Agreement (CVS Corp), Goss 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 Guarantee, it shall not be accountable for the Company’s Issuer's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Issuer or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (United Industries Corp), Indenture (Res Care Inc /Ky/), Matria Healthcare 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 use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation representations as to the validity or adequacy sufficiency of this Indenture or of the Notes, it shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Prime Succession Inc), Telegroup Inc, Telegroup Inc

Trustee’s Disclaimer. The Trustee shall not be responsible for and (a) makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall (b) is not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it shall (c) is not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Collateral Agency Agreement (Century Aluminum Co), Millennium Pharmaceuticals Inc, Indenture (Allegheny Technologies 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 recitals therein, it shall not be accountable for the Company’s use of the proceeds from the Notes, sale of Notes 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 in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Healthsouth 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, sale of Notes 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 Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Holdings Finance 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 NotesNotes or any Guarantee, it shall not be accountable for the Company’s or any Guarantor’s use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (Atlantic Broadband Management, LLC), Indenture (Language Line Costa Rica, 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, any Basic Documents, the Trust Estate, the Collateral or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio 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 NotesNotes or any Guarantee, it shall not be accountable for the Company’s 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Aircraft Service International Inc), Morris Material Handling Inc, General Cable Corp /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, ; it shall not be accountable for the Company’s Issuers' use of the proceeds from the Notes, sale of Notes or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in this Indenture Notes or in any document issued used in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Petro Holdings Financial Corp), Indenture (Petro Stopping Centers L P), Indenture (Petro Stopping Centers Holdings Lp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and (i) makes no representation as to the validity or adequacy of this Indenture or the Notes, except that the Trustee represents that it is duly authorized to execute and deliver this Indenture, authenticate the Notes and perform its obligations hereunder, (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Notes, Notes and it (iii) shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate its Certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), And Voting Agreement (Advanced Lighting Technologies Inc), Advanced Lighting Technologies 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 NotesGuarantees, it shall not be accountable for the Company’s Co-Issuers’ use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Co-Issuers in this Indenture Indenture, the Guarantees or in any document issued in connection with the sale of the Notes or any statement in the Notes other than the Trustee’s certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture.

Appears in 4 contracts

Samples: Navios South American (Navios South American Logistics Inc.), Supplemental Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime 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, any Series Supplement, the related Series Trust Estate or the Notes, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company Issuer in this Indenture the Indenture, in any Series Supplement or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Household Auto Receivables Corp), Household Auto Receivables Corp, Household Automobile Revolving Trust I

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 Indenture, the Trust Estate or the Notes, it ; shall not be accountable for the Company’s Issuer's use of the proceeds from the Notes, ; and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Reliance Acceptance Group Inc), Paragon Auto Receivables Corp, Paragon Auto Receivables 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, Notes or Note Guarantees; it shall not be accountable for the Company’s use of the proceeds from the Notes, ; and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi 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 's or any Guarantor's use of the proceeds from the Notes, sale of Notes or any money paid to the Company or any Guarantor pursuant to the terms of this Indenture and it shall not be responsible for any statement of in the Company in Notes, Note Guarantee or this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Imc Global Inc, Covenants (Imc Global Inc), Imc 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, and it shall not be responsible for any statement of in the Company in this Indenture or in any document issued in connection with the sale of offering memorandum for the Notes or in the Indenture or the Notes (other than the Trustee’s its certificate of authentication), the acts of a prior Trustee hereunder, or the determination as to which beneficial owners are entitled to receive any notices hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Lyondell Refining LP, LLC), Indenture (Lyondell Chemical Co), Supplemental Indenture (Lyondell Chemical Co)

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 Indenture, of the Notes or any Common Stock underlying the Notes, it shall not be accountable for the Company’s use of the proceeds from the Notes, and it shall not be responsible for any statement of the Company in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Fundamental Change Purchase (Rh), Fundamental Change Purchase (Rh), Indenture (Restoration Hardware 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 NotesNote, and it shall not be responsible for any statement of the Company in this Indenture Note or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authenticationthis Note.

Appears in 3 contracts

Samples: Exchange Agreement (Avondale Inc), Avondale Inc, Avondale Inc

Trustee’s Disclaimer. The Neither the Trustee nor any Agent 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, and it shall not be responsible for any statement of the Company Issuer in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Azul Sa), Azul Sa, Azul Sa

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Guarantee or the Notes, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Notes, and it shall not be responsible for any statement or recital of the Company Issuer or any Subsidiary Guarantor in this Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (GeoEye, Inc.), Indenture (GeoEye, Inc.), Registration Rights Agreement (GeoEye, 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 's use of the proceeds from the Notes, sale of Notes 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 in any document issued in connection with the sale of the Notes recital herein or in the Notes other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Lamar Advertising Co/New, Lamar Advertising Co/New, Lamar Media Corp/De

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