Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 104 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Phillips Edison & Company, Inc.), Indenture (Lixte Biotechnology 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or in the Securities other than its the Trustee's certificate of authentication.
Appears in 95 contracts
Samples: Mothers Work Inc, General Maritime Corp/, Georgia Gulf Corp /De/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 95 contracts
Samples: Indenture (Guitar Center Inc), Indenture (Thorn Apple Valley Inc), Registration Rights Agreement (Citigroup Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 68 contracts
Samples: Indenture (Rc2 Corp), Tivo Inc, Imperial Eagle Shipping 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or in the Securities other than its the Trustee’s certificate of authentication.
Appears in 60 contracts
Samples: Indenture (U.S. Concrete, Inc.), Indenture (Affinia Group Intermediate Holdings Inc.), Indenture (Associated Materials, LLC)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 40 contracts
Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc), Indenture (Primus Guaranty LTD)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 38 contracts
Samples: Indenture (TherapeuticsMD, Inc.), Indenture (Opko Health, Inc.), Indenture (Midwest Banc Holdings Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities 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 or recital herein or any statement in the Securities other than its certificate of authentication.
Appears in 36 contracts
Samples: Indenture (Southern Natural Gas Co), Indenture (Conoco Inc /De), Supplemental Indenture (R&b Falcon Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its the Trustee’s certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 33 contracts
Samples: Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.), Indenture (Jefferies Group Capital Finance Inc.)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act or in the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 32 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Mesa Air Group Inc, Indenture (SPX Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it ; the Trustee shall not be accountable for the Company’s use of the proceeds from the Securities, ; and it the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 32 contracts
Samples: Investment Agreement (Symantec Corp), Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Motorola Solutions, Inc.)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the SecuritiesSecurities or any prospectus, offering or solicitation documents, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 28 contracts
Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC), Indenture (Chesapeake Energy Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities 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 or recital herein or any statement in the Securities other than its certificate of authentication.
Appears in 26 contracts
Samples: Indenture (Lennox Industries Inc), Indenture (Egl Inc), Indenture (Seitel Capital Trust Ii)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act or in any offering document for the Securities, the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 23 contracts
Samples: Sierra Health Services (Sierra Health Services Inc), Indenture (Manpower Inc /Wi/), Labone Inc/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 22 contracts
Samples: Indenture (Zhongpin Inc.), Indenture (Reborn Coffee, Inc.), Indenture (United States Antimony Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Securities, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, Securities and it (iii) shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 15 contracts
Samples: Indenture (Impsat Fiber Networks Inc), Indenture (Interliant Inc), Indenture (Impsat Corp)
Trustee’s Disclaimer. The Trustee makes no representation representations as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the CompanyCorporation’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 14 contracts
Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 13 contracts
Samples: Indenture (Rentech Nitrogen Pasadena Holdings, LLC), Form of Indenture (LD Acquisition Co 7 LLC), Phillips 66 Partners Finance Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its the Trustee's certificate of authentication.
Appears in 11 contracts
Samples: Covenants (Duane Reade Inc), Indenture (Color Spot Nurseries Inc), Indenture (Doe Run Resources Corp)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this the Indenture or the Securities, it shall (ii) is not be accountable for the CompanyIssuer’s use or application of the proceeds from the Securities, Securities and it shall (iii) is not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 11 contracts
Samples: Indenture (Adobe Systems Inc), Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 10 contracts
Samples: Celgene Corp /De/, Gray Communications Systems Inc /Ga/, Gray Communications Systems Inc /Ga/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities or the recitals contained herein other than its authentication.
Appears in 9 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.), Indenture (First Guaranty Bancshares, 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 Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 9 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.), Indenture (Btu International Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities or in this Indenture other than its certificate of authentication.
Appears in 9 contracts
Samples: Aircraft Mortgage and Security Agreement (Trans World Airlines Inc /New/), License Agreement (Trans World Airlines Inc /New/), Aircraft Second Mortgage and Security Agreement (Trans World Airlines Inc /New/)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities or any prospectus, offering or solicitation documents, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 9 contracts
Samples: Indenture (Chesapeake Eno Acquisition Corp), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for the recitals contained herein or any statement in the Securities other than its certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Waste Connections Inc/De), Indenture (Nco Group Inc), Indenture (Pinnacle Holdings Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, ; and it shall not be responsible for any statement in the Indenture or the Securities other than its certificate of authentication.
Appears in 7 contracts
Samples: Tci Communications Financing Iv, Tci Communications Financing Vi, Ohio Edison Financing Trust Ii
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securitiessale of the Securities or 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 in the Securities other than its the Trustee’s certificate of authentication.
Appears in 7 contracts
Samples: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it Securities and the Trustee assumes no responsibility for their correctness. It shall not be accountable for the Company’s use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 7 contracts
Samples: Registration Rights Agreement (Cig Media LLC), Registration Rights Agreement (Ion Media Networks Inc.), Indenture (American Oriental Bioengineering Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its the Trustee’s certificate of authentication, all of which statements shall be taken as the statements of the Company, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 7 contracts
Samples: Allegheny Technologies Incorporated Certain (Allegheny Technologies Inc), Indenture (Allegheny Technologies Inc), Indenture (Grubb & Ellis Co)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s Issuers' use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities (other than its the Trustee's certificate of authentication) or for the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 7 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in any registration statement for the Securities under the Securities Act or in any offering document for the Securities, this Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 7 contracts
Samples: Indenture (Concord Communications Inc), Indenture (Komag Inc /De/), Indenture (Murco Drilling Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the SecuritiesDebentures, it shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesDebentures, and it shall not be responsible for any statement in the Securities Debentures other than its authentication.
Appears in 7 contracts
Samples: Indenture (Pods Inc), Indenture (Enstar Inc), Indenture (Nibco Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it . It shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities Securities, other than its certificate of authentication, or in any prospectus used in the sale of the Securities, other than statements provided in writing by the Trustee for use in such prospectus.
Appears in 7 contracts
Samples: Subsidiary Agreement (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Ii Inc), Indenture (Transition Auto Finance Ii Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities other than its authentication.
Appears in 6 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities any Security other than its authentication.
Appears in 6 contracts
Samples: Indenture (Fairpoint Communications Inc), Indenture (Rainmaker Systems Inc), Indenture (Rainmaker Systems Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any Statement in the Securities other than its authentication.
Appears in 6 contracts
Samples: Agreement (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp), Indenture (Excel Legacy Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it Securities and the Trustee assumes no responsibility for their correctness. It shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 6 contracts
Samples: Indenture (Northstar Realty Finance Corp.), Indenture (General Growth Properties Inc), Indenture (Northstar Realty)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Indenture or any statement in the Securities other than its authentication.
Appears in 6 contracts
Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in any registration statement for the Securities under the Securities Act or in any offering document for the Securities, the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 6 contracts
Samples: Indenture (Interstate Bakeries Corp/De/), Registration Rights Agreement (Integrated Electrical Services Inc), Indenture (Yellow Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in this Indenture, or any statement in the Securities other than its the Trustee's certificate of authentication.
Appears in 6 contracts
Samples: Indenture (Big Flower Press Holdings Inc), Big Flower Holdings Inc/, Aes Corporation
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Mobile Mini Inc), Indenture (Meritage Homes CORP)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use or application of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act or in the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 5 contracts
Samples: Indenture (RPM International Inc/De/), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities other than its authentication.
Appears in 5 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities or the shares of common stock issuable upon conversion of the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities other than its authenticationcertificate of authentication or in any document used in the sale of the Securities other than any statement in writing provided by the Trustee expressly for use in such document.
Appears in 5 contracts
Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it . It shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to the Indenture, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Union Tank Car Co), Indenture (Bell Atlantic New Jersey Inc), New York Telephone Co
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities other than its authenticationcertificate of authentication or in any document used in the sale of the Securities other than any statement in writing provided by the Trustee expressly for use in such document.
Appears in 5 contracts
Samples: Indenture (Alternative Living Services Inc), Indenture (Rent Way Inc), Indenture (National Healthcare Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in this Indenture or the Securities other than its the Trustee's certificate of authentication.
Appears in 5 contracts
Samples: Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co), Indenture (Capstar Broadcasting Partners Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from any Securities authenticated and delivered by the SecuritiesTrustee in conformity with the provisions of this Indenture, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities other than its authentication.
Appears in 5 contracts
Samples: Indenture (Komag Inc /De/), Indenture (HMT Technology Corp), Coeur D Alene Mines Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture Indenture, the Registration Rights Agreement, the Offering Memorandum or the Securities, Securities and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 5 contracts
Samples: Halter Marine Group Inc, Antec Corp, Data Processing Resources Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securitiessale of the Securities or 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 in the Securities other than its the Trustee's certificate of authentication.
Appears in 5 contracts
Samples: Genzyme Corp, Genzyme Corp, Baxter International Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 5 contracts
Samples: Indenture (Pricellular Corp), Indenture and Assumption Agreement (Centennial Cellular Corp), American Cellular Corp /De/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it . The Trustee shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities and, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act of 1933, as amended, or in the Indenture or the Securities (other than its certificate of authentication) or for the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 5 contracts
Samples: Indenture (Apartment Investment & Management Co), Apartment Investment & Management Co, Aimco Properties Lp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Securities other than its certificate of authentication.
Appears in 4 contracts
Samples: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Securities, it (ii) shall not be accountable for the Company’s use or application of the proceeds from the Securities, Securities and it (iii) shall not be responsible for any statement in the Securities any Security other than its certificate of authentication.
Appears in 4 contracts
Samples: Indenture (Dean Foods Co/), Indenture (GameStop Corp.), Model Dairy, LLC
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s use of the proceeds from the Securities, ; and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 4 contracts
Samples: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), WebMD Health Corp.
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, ; and it shall not be responsible for any statement in the prospectus for the Securities or in this Indenture or the Securities (other than 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 4 contracts
Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Austin Funding Com Corp)
Trustee’s Disclaimer. The Trustee makes no representation representations as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s Corporation's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 4 contracts
Samples: Lockheed Martin Corp, Lockheed Martin Corp, Lockheed Martin Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the legality or validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 in the Securities other than its certificate of authentication.
Appears in 4 contracts
Samples: Execution Copy (Building Materials Corp of America), Indenture (BMCA Quakertown Inc.), Execution (Building Materials Corp of America)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities or any Subsidiary Guarantee and it shall not be accountable for the Company’s 's or any Subsidiary Guarantor's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities or any Subsidiary Guarantee, other than its the Trustee's certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 4 contracts
Samples: Indenture (Top Tankers Inc.), Indenture (Intermagnetics General Corp), Intermagnetics General Corp
Trustee’s Disclaimer. The Trustee makes no representation representations as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, ; and it shall not be responsible for any statement in the Indenture or the Securities other than its certificate of authentication. Section 7.05.
Appears in 4 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Trustee’s Disclaimer. The Trustee makes shall have no representation as to responsibility for the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 4 contracts
Samples: Indenture (Sunopta Inc), United States Telecommunications Inc/Fl, Hecla Mining Co/De/
Trustee’s Disclaimer. The Trustee makes no representation representations as to the validity or adequacy sufficiency of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, 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 in the Securities other than its the Trustee's certificate of authentication.
Appears in 4 contracts
Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities or any coupons; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and ; it shall not be responsible for any statement in the Securities other than its authenticationor any coupons; it shall not be responsible for any overissue; it shall not be responsible for determining whether the form and terms of any Securities or coupons were established in conformity with this Indenture; and it shall not be responsible for determining whether any Securities were issued in accordance with this Indenture.
Appears in 4 contracts
Samples: Western Resources Inc /Ks, Wisconsin Gas Co, Wisconsin Electric Power Co
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 4 contracts
Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Stone Energy Offshore, L.L.C.
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the SecuritiesSecurities and the recitals contained herein and in the Securities shall be taken as statements of the Company and not of the Trustee, it and the Trustee has no responsibility for such recitals. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to this Indenture, and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 4 contracts
Samples: Ocean Faith Owners Inc., Ocean Faith Owners Inc., Paragon Shipping Inc.
Trustee’s Disclaimer. The Trustee makes no representation -------------------- as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act or in the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 3 contracts
Samples: Indenture (Hewlett Packard Co), Merrill Lynch Preferred Capital Trust V, Merrill Lynch Preferred Funding Vi L P
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/), Nastech Pharmaceutical Co Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it . It shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (ACE Aviation Holdings Inc.), Indenture (Pinnacle Airlines Corp), Open Solutions Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in any registration statement for the Securities under the Securities Act or in any offering document for the Securities, the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 3 contracts
Samples: Indenture (Kaydon Corp), Indenture (Kaydon Corp), Execution Version (LNR Property Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authenticationSecurities.
Appears in 3 contracts
Samples: First Franklin Financial Corp, 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act of 1933, as amended, or in the Indenture or the Securities (other than its certificate of authentication).
Appears in 3 contracts
Samples: Indenture (FMC Corp), Indenture (Wellpoint Health Networks Inc /Ca/), Wellpoint Health Networks Inc /Ca/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities or any offering memorandum or solicitation documents, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: National Energy Group Inc, National Energy Group Inc, Gothic Energy Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s Obligors' use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Ribapharm Inc, Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Securities or the offering documents relating to the Securities, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, Securities and it (iii) shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Interliant Inc, Interliant Inc, Transwitch Corp /De
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, ; and it shall not be responsible for any statement in the Indenture or the Securities other than its certificate of authentication.. 27
Appears in 3 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/, Tele Communications Inc /Co/
Trustee’s Disclaimer. (a) The Trustee makes no representation as to the validity validity, sufficiency or adequacy of this Indenture Indenture, any offering materials or the Debt Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Debt Securities, and it shall not be responsible for any statement in the Debt Securities other than its the Trustee's certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Autopistas Del Sol Sa), Indenture (Autopistas Del Sol Sa), Autopistas Del Sol Sa
Trustee’s Disclaimer. The Neither the Trustee nor any of its agents (i) makes no any representation as to the validity or adequacy of this Indenture or the Securities, it (ii) shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it Securities or (iii) shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Tyson Foods Inc), Delta Air Lines Inc /De/, Delta Air Lines Inc /De/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it ; the Trustee shall not be accountable for the Company’s 's use of the proceeds from the Securities, ; and it the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Investment Agreement (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, sale of Securities or any money paid to the Company pursuant to the terms of this Indenture and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Scenic Outdoor Marketing of Consulting Inc), American Signs Inc, Lamar Electrical Inc
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall (ii) is not be accountable for the CompanyIssuer’s use or application of the proceeds from the Securities, Securities and it shall (iii) is not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 3 contracts
Samples: Indenture (Leidos Holdings, Inc.), Leidos Holdings, Inc., Leidos, Inc.
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use or application of the proceeds from the Securities, and it shall not be responsible for any statement in any registration statement for the Securities under the Securities Act or in any offering document for the Securities, this Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 3 contracts
Samples: Indenture (CTS Corp), Immunomedics Inc, Comtech Telecommunications Corp /De/
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in the Indenture or any statement in the Securities (other than its authentication) or for compliance by the Company with the Registration Agreement.
Appears in 3 contracts
Samples: Indenture (Tel Save Holdings Inc), Indenture (Sabratek Corp), Tel Save Holdings Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in this Indenture or any statement in the Securities (other than its certificate of authentication) or for compliance by the Company with the Registration Agreement.
Appears in 3 contracts
Samples: Indenture (Young & Rubicam Inc), Benchmark Electronics Inc, Doubleclick Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities or any coupons; it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and ; it shall not be responsible for any statement in the Securities or any coupons other than its authentication.
Appears in 3 contracts
Samples: Cable Design Technologies Corp, Alpharma Inc, Alpharma Inc
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities (other than its authenticationcertificate of authentication if it shall authenticate the Securities).
Appears in 3 contracts
Samples: Indenture (Bellsouth Corp), Bellsouth Corp, Bellsouth Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities or any Subsidiary Guarantee and it shall not be accountable for the Company’s or any Subsidiary Guarantor’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities or any Subsidiary Guarantee, other than its the Trustee’s certificate of authentication, or the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 3 contracts
Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.), Neutron Marine Corp.
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall (ii) is not be accountable for the Company’s use or application of the proceeds from the Securities, Securities and it shall (iii) is not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 2 contracts
Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities other than its authentication.. 21
Appears in 2 contracts
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, ; it shall not be accountable for the CompanyCorporation’s use of the proceeds from the Securities, Securities or any money paid to the Corporation upon the Corporation’s direction under any provision hereof; and it shall not be responsible for any statement in the Securities other than its authentication.
Appears in 2 contracts
Samples: Indenture (Domtar CORP), Indenture (Domtar Paper Company, LLC)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the SecuritiesSecurities or Coupons, it shall not be accountable for the Company’s Corporation's use of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act of 1933 or in the Indenture or the Securities (other than its certificate of authentication).
Appears in 2 contracts
Trustee’s Disclaimer. The Trustee (i) makes no representation as to the validity or adequacy of this Indenture Indenture, the Securities or the offering documents relating to the Securities, it (ii) shall not be accountable for the Company’s use or application of the proceeds from the Securities, Securities and it (iii) shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s Issuers’ use of the proceeds from the Securities, and it shall not be responsible for recital herein or any statement in the Securities other than its authentication.
Appears in 2 contracts
Samples: Sunoco, LLC, Direct Fuels LLC
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it . The Trustee shall not be accountable for the Company’s use of the proceeds from the Securities, Securities and it shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (PKST Op, L.P.), Indenture (Zentalis Pharmaceuticals, Inc.)
Trustee’s Disclaimer. The Trustee trustee makes no representation as to the validity or adequacy of this Indenture indenture or the Securitiessecurities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, securities and it shall not be responsible for any statement in the Securities securities other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Trustee’s Disclaimer. The Trustee makes no ------------ -------------------- representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use or application of the proceeds from the Securities, and it shall not be responsible for any statement in the registration statement for the Securities under the Securities Act or in the Indenture or the Securities (other than its certificate of authentication), or the determination as to which beneficial owners are entitled to receive any notices hereunder.
Appears in 2 contracts
Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement of the Company in this Indenture or any statement in the Securities other than its authentication.
Appears in 2 contracts
Samples: Indenture (Dart Group Corp), SFW Holding Corp
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities (other than its the Trustee's certificate of authentication) or for the use or application of any funds received by a Paying Agent other than the Trustee.
Appears in 2 contracts
Samples: Indenture (Sun International North America Inc), Indenture (Urohealth Systems Inc)
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities. Further, it the Trustee shall not be accountable for the Company’s 's use of the proceeds from the Securities, and it shall not nor be responsible for any statement in the Prospectus or Securities other than its the Trustee's certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Ibf Vi Guaranteed Income Fund), Ibf Vi Guaranteed Income Fund
Trustee’s Disclaimer. The Trustee makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s Corporation's use of the proceeds from the Securities, and it shall not be responsible for any statement in the Securities Securities, other than its certificate of authentication, or in any prospectus used in the sale of the Securities, other than statements provided in writing by the Trustee for use in such prospectus.
Appears in 2 contracts
Samples: Promissory Note (Genesis Financial Group Inc \Va\), Genesis Financial Group Inc \Va\
