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 Securities, shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and 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 the Trustee’s certificate of authentication.

Appears in 26 contracts

Samples: Trinity Industries Inc, Supplemental Indenture (Hornbeck Offshore Services Inc /La), Indenture (Trinity Industries Inc)

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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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 24 contracts

Samples: Indenture (Rite Aid Corp), Intercreditor Agreement (National CineMedia, LLC), 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the SecuritiesSecurities or any money paid to the Company or any Subsidiary Guarantor or upon the Company’s or such Subsidiary Guarantor’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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 16 contracts

Samples: Patterson (Patterson Uti Energy Inc), Indenture (LGI Homes, Inc.), Indenture (AMI 2, 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 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 of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 15 contracts

Samples: Indenture (Hilltop Holdings Inc.), Indenture (Civeo Corp), Indenture (Conocophillips 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 Securities, shall not be accountable for the Company’s use of the proceeds from the sale of the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee or any money paid to the Company pursuant to the terms of this Indenture and 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 the Trustee’s certificate of authentication.

Appears in 15 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey 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 SecuritiesSecurities (other than the certificate of authentication of the Trustee), it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, 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 Issuer in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities other than the Trustee’s certificate of authentication.

Appears in 15 contracts

Samples: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Agreement or the SecuritiesCertificates, or of any Mortgage Loan or related document, or of MERS or the MERS System. The Trustee shall not be accountable for the Company’s use of the proceeds from the SecuritiesCertificates, shall not be responsible for the use or application of any money received by any Paying Agent other than and the Trustee and shall not be responsible for any statement of the Company Trust in this Indenture Agreement or in any document issued in connection with the sale of the Securities Certificates or in the Securities Certificates other than the Trustee’s or the Certificate Registrar’s certificate of authentication.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-3), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2), Pooling and Servicing Agreement (NovaStar Certificates Financing 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 Issuers’ use of the proceeds from the SecuritiesSecurities or any money paid to the Issuers or any Subsidiary Guarantor or upon the Issuers’ or such Subsidiary Guarantor’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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 12 contracts

Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the SecuritiesSecurities or any money paid to the Company or the Guarantor or upon the Company’s or the Guarantor’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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 12 contracts

Samples: Shell International Finance B.V., Shell International Finance B.V., Phillips 66

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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 10 contracts

Samples: Tia Indenture (Rite Aid Corp), Indenture (Fairpoint Communications Inc), Merger Agreement (Amc Entertainment 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, shall not be accountable for the Company’s 's use of the proceeds from the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and 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 the Trustee’s 's certificate of authentication.

Appears in 10 contracts

Samples: Indenture (L-1 Identity Solutions, Inc.), Indenture (HCRC Inc), Indenture (HCRC 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 Securities or the SecuritiesGuarantees, it shall not be accountable for the Company’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 of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 9 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Columbia Pipeline 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 Indenture, the Securities or the SecuritiesGuarantees, if any, it shall not be accountable for the Company’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 of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 8 contracts

Samples: Reconciliation And (Nabors Industries Inc), Reconciliation And (Nabors Industries Inc), Indenture (Helmerich & Payne, 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, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 8 contracts

Samples: Exchange Indenture (Hudson Respiratory Care Inc), Indenture (Telecorp PCS Inc), Ryder TRS 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 use of the proceeds from the SecuritiesSecurities or any money paid to the Company or any Guarantor or upon the Company’s or such Guarantor’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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 8 contracts

Samples: KLX Energy Services Holdings, Inc., Indenture (Jones Energy, Inc.), Indenture (Jones Energy, Inc.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture 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 itself as Paying Agent), 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 the Trustee’s 's certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Aurora Foods Inc /De/), Indenture (Aurora Foods Inc /Md/), Management Services Agreement (Windy Hill Pet Food Co Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or any statement in the Securities 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 8 contracts

Samples: Covenants (Encompass Services Corp), Unifrax Investment Corp, Alliance Imaging of Central Georgia 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 any supplement thereto) or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Transocean Ltd.), Supplemental Indenture (Transocean Ltd.), Supplemental Indenture (Transocean 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 Securities, it shall not be accountable for the Company’s Partnership's use of the proceeds from the SecuritiesSecurities or any money paid to the Partnership or the Guarantor or upon the Partnership's or the Guarantor'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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 8 contracts

Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture (or any supplement thereto), the SecuritiesSecurities or any of the Note Documents, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Indenture, any Note Document or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 8 contracts

Samples: Indenture (Transocean Ltd.), Indenture (Transocean Ltd.), Receivables Pledge Agreement (Transocean Ltd.)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Agreement or the SecuritiesCertificates, or of any Mortgage Loan or related document, or of MERS or the MERS System. The Trustee shall not be accountable for the Company’s use of the proceeds from the SecuritiesCertificates, shall not be responsible for the use or application of any money received by any Paying Agent other than and the Trustee and shall not be responsible for any statement of the Company Issuing Entity in this Indenture Agreement or in any document issued in connection with the sale of the Securities Certificates or in the Securities Certificates other than the Trustee’s or the Certificate Registrar’s certificate of authentication.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1)

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

Appears in 8 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp)

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

Appears in 7 contracts

Samples: Indenture (Keurig Dr Pepper Inc.), oec-ri.odebrecht.com, Indenture (Harman International Industries 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 Securities, it shall not be accountable for the CompanyPartnership’s use of the proceeds from the SecuritiesSecurities or any money paid to the Partnership or any Subsidiary Guarantor or upon the Partnership’s or such Subsidiary Guarantor’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 Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 7 contracts

Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.), Energy Transfer Equity, L.P.

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 Issuers' use of the proceeds from the Securities, 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 Issuers in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 7 contracts

Samples: Indenture (Globalstar Telecommunications LTD), Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, any Guarantee or the Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, 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 Issuer in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities 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 6 contracts

Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors 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 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 itself as Paying Agent), 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 the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Halcón Resources (Halcon Resources Corp), Indenture (Key Energy Services Inc), Indenture (Laboratory Corp of America Holdings)

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, 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 or any Subsidiary Guarantor in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 6 contracts

Samples: Supplemental Indenture (Stone Energy Corp), Collateral Agreement (Harvard Industries Inc), Supplemental Indenture (LTV Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Escrow Agreement or the Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Global Telesystems Group Inc), Global Telesystems Group Inc, Global Telesystems 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 SecuritiesSecurities of any Series, it shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use or application Securities of any money received by any Paying Agent other than the Trustee Series, and it shall not be responsible for any statement of the Company in this Indenture Indenture, in the Securities of any Series, or in any document issued executed in connection with the sale of the Securities or in the Securities of any Series, other than those set forth in the Trustee’s certificate of authentication.

Appears in 6 contracts

Samples: Indenture (PLBY Group, Inc.), Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 or any Subsidiary Guarantor in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 6 contracts

Samples: Indenture (Alamosa Delaware Inc), Alamosa (Alamosa Holdings LLC), Execution Copy (Alamosa 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 use of the proceeds from the Securities, 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 the Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Columbus McKinnon Corp), Indenture (Consolidated Natural Gas Co/Va)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, sufficiency or adequacy of this Indenture or the Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or any statement in the Securities 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 5 contracts

Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al), Indenture (Bok Financial Corp Et Al)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture any of the Basic Documents, the assets of the Trust Fund or the Securities, Certificates; it shall not be accountable for the CompanyDepositor’s use of the proceeds from the SecuritiesCertificates, 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 Depositor, the Master Servicer or Servicers in this Indenture Agreement, any other Basic Documents or in any document issued in connection with the sale of the Securities Certificates or in the Securities Certificates other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C), Pooling and Servicing Agreement (BLG Securities 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 Indenture, any Guarantee or the Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, 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 Issuers in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities 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 5 contracts

Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution 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, shall not be accountable for the Company’s 's use of the proceeds from the sale of the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee or any money paid to the Company pursuant to the terms of this Indenture and 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 the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Credit Agreement (Cornell Companies Inc), Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.), Indenture (Portola Packaging Inc)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity validity, sufficiency or adequacy of any offering materials, this Indenture or the Securities, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, shall not be responsible for the use Securities or application of any money received by paid to the Issuer or upon the Issuer’s direction under any Paying Agent other than the Trustee and provision hereof, it shall not be responsible for any statement of the Company in this Indenture or recital herein or any statement in any document issued in connection with the sale of the Securities offering materials or in the Securities other than the Trustee’s its certificate of authentication.

Appears in 5 contracts

Samples: Celanese Americas LLC, ___________________________ Indenture (CalAmp Corp.), Indenture (Celanese Global Relocation 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 's use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 5 contracts

Samples: Telecorp Tritel Holding Co, Applied Business Telecommunications, Fs Equity Partners Iii Lp

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

Appears in 5 contracts

Samples: Aas Capital Corp, Crescent Finance Co, Frontiervision Holdings Capital Corp

Trustee’s Disclaimer. The Trustee shall not be responsible for for, and makes no representation as to to, the validity validity, priority, sufficiency or adequacy of this Indenture (including the Subsidiary Guarantee), any offering materials or the Securities, . The Trustee shall not be accountable for the Company’s use of the proceeds from the Securities, 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 or the Guarantor in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Indenture (Cencosud S.A.), Indenture (Cencosud S.A.), Indenture (Cencosud 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 Securities, it shall not be accountable for the CompanyIssuer’s use or application of the proceeds from the Securities, shall it will not be responsible for the use or application of any money received by any Paying Agent (other than the Trustee itself as Paying Agent), and it shall not be responsible for any statement of the Company in this Indenture Indenture, in the Securities, or in any document issued executed in connection with the sale of the Securities or in the Securities Securities, other than the those set forth in a Trustee’s certificate of authentication.

Appears in 5 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (Booking 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 use of the proceeds from the Securities, 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 Securities or any statement in the Securities 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: Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.)

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, 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, 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 Securities or in the Securities any Subsidiary Guarantee, 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 4 contracts

Samples: Indenture (Top Tankers Inc.), Indenture (Intermagnetics General Corp), Top Tankers 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, 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 Securities (including without limitation any preliminary or final offering memorandum) or any statement in the Securities other than the Trustee’s 's certificate of authentication. The Trustee makes no representations with respect to the effectiveness or adequacy of this Indenture. The Trustee shall not be responsible for independently ascertaining or maintaining such validity, if any, and shall be fully protected in relying upon certificates and opinions delivered to it in accordance with the terms of this Indenture.

Appears in 4 contracts

Samples: Indenture (Stoneridge Inc), Indenture (Vs Holdings Inc), Indenture (Tenneco Automotive Inc)

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

Appears in 4 contracts

Samples: Hallandale Commercial Corp., Indenture (Up Offshore (Holdings) Ltd.), Navigator Gas Iom I-E 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 Debt Securities, it shall not be accountable for the Company’s use of the proceeds from of the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee Debt Securities and it shall not be responsible for any statement of contained herein or any statement contained in the Company in this Indenture Debt Securities or in any other document issued in connection with the sale of the Debt Securities or in the Securities pursuant to this Indenture other than the Trustee’s certificate certificates of authentication.

Appears in 4 contracts

Samples: Indenture (CVS Caremark Corp), Indenture (CVS Corp), Indenture (CVS Corp)

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

Appears in 4 contracts

Samples: Indenture (Suzano Austria GmbH), Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose 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 SecuritiesSecurities of any Series, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, shall not be responsible for the use or application Securities of any money received by any Paying Agent other than the Trustee Series, and it shall not be responsible for any statement of the Company Issuer in this Indenture Indenture, in the Securities of any Series, or in any document issued executed in connection with the sale of the Securities or in the Securities of any Series, other than those set forth in the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Healthpeak OP, LLC), Physicians Realty L.P., Physicians Realty L.P.

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, shall not be responsible for the use sale of Securities or application of any money received by any Paying Agent other than paid to the Trustee 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Samsonite Holdings Inc, Samsonite Holdings Inc, Samsonite Corp/Fl

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 Securities or any of the SecuritiesNote Documents, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 or recital in this Indenture Indenture, or any statement in any Note Document or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Pledge Agreement (Mbia Inc), Security Agreement (Mbia Inc), Indenture (Mbia 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, 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 or any Guarantor in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: WTNH Broadcasting Inc, Manischewitz B Co LLC, Homco Puerto Rico 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 SecuritiesSecurities and the recitals contained herein and in the Securities shall be taken as statements of the Company and not of the Trustee, 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, 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 Securities or in the Securities other than the Trustee’s certificate of its authentication.

Appears in 4 contracts

Samples: Paragon Shipping Inc., Paragon Shipping Inc., Ocean Faith Owners 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 use of the proceeds from the Securities, 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 Indenture, the Note Documents or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Intercreditor Agreement (Denbury Resources Inc), Intercreditor Agreement (Denbury Resources Inc), Indenture (Denbury Resources 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, 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 Issuer in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities 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: Indenture (Warner Alliance Music Inc), Indenture (Warner Music Group Corp.), Supplemental 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, the Securities or the Securitiesany Subsidiary Guarantee, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, shall not be responsible for issuance of the use or application of any money received by any Paying Agent other than the Trustee Securities 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Sprint Spectrum L P, Sprint Spectrum Finance Corp, Sprint Spectrum L P

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 Issuer's use of the proceeds from the Securities, 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 Indenture, in the Securities, or in any document issued executed in connection with the sale of the Securities or Securities, other than those set forth in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Starwood Hotels & Resorts), Starwood Hotel & Resorts Worldwide Inc, Enron Corp/Or/

Trustee’s Disclaimer. The Trustee shall not be responsible have no responsibility for and makes no representation as to the validity or adequacy of this Indenture or the Securities, it shall not be responsible for any statement in the Securities other than its authentication, and it shall not be accountable for the Company’s use or application by the Company of any of the Securities or of the proceeds from the of such Securities, shall not be responsible or for the use or application of any money moneys paid over by the Trustee in accordance with any provision of this Indenture or established pursuant to Section 2.01, or for the use or application of any moneys received by any Paying Agent other than the Trustee and 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 paying agent other than the Trustee’s certificate of authentication.

Appears in 4 contracts

Samples: Indenture (Pike Corp), Indenture (Pike Corp), Indenture (Pike Equipment & Supply 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 SecuritiesSecurities and the recitals contained herein and in the Securities shall be taken as statements of the Company and not of the Trustee, and the Trustee has no responsibility for such recitals. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities or for monies paid over to the Company pursuant to this Indenture, 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 Securities or in the Securities other than the Trustee’s certificate of its authentication.

Appears in 3 contracts

Samples: Global Ship Lease, Inc., Global Ship Lease, Inc., Senior Indenture (Asia Entertainment & Resources 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 Securities or the SecuritiesGuarantees, 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 of the Company in this Indenture or in recital herein or any document issued in connection with the sale of the Securities or statement in the Securities other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Nabors Industries LTD), Devon Energy Corp/De, Nabors Industries 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 SecuritiesSecurities (other than the certificate of authentication of the Trustee), it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Autotote Corp), Autotote 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, shall it will not be responsible for the use or application of any money received by any Paying Agent (other than the Trustee itself as Paying Agent), and it shall not be responsible for any statement of the Company in this Indenture Indenture, in the Securities, or in any document issued executed in connection with the sale of the Securities or in the Securities Securities, other than the those set forth in a Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Crown Castle International Corp), Crown Castle International Corp, Roadrunner Transportation Systems, Inc.

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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 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, 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 Securities or in the Securities any Subsidiary Guarantee, other than 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 shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Debt Securities, shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use or application Debt Securities of any money received by any Paying Agent other than the Trustee series and 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 Debt Securities or in the Debt Securities other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Stanley Works), Black & Decker Corp, Black & Decker 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 Securities, it shall not be accountable for the Company’s Issuers use of the proceeds from the Securities, 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 Indenture, in the Securities, or in any document issued executed in connection with the sale of the Securities or Securities, other than those set forth in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Jones Apparel Group Inc, Indenture (Jones Apparel Group Usa Inc), Jones Apparel 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities of any series or in the Securities of any series other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Hs Resources Inc, Cross Timbers Oil Co, Basin Exploration 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 SecuritiesBonds, it shall not be accountable for the Company’s Issuer's use of the proceeds from the SecuritiesBonds, 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 Issuer in this the Indenture or in any document issued in connection with the sale of the Securities Bonds or in the Securities Bonds other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: PSNH Funding LLC, PSNH Funding LLC 2, PSNH Funding 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 Indenture, the Securities, the Guaranty, any Collateral or any Account, it shall not be accountable for the Company’s Issuers' use of the proceeds from the Securities, 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 Issuers in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: NSM Steel Co LTD, NSM Steel Co LTD, NSM Steel Co 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 or any Guarantor in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities other than the Trustee’s certificate of authentication.

Appears in 3 contracts

Samples: Indenture (Lin Tv Corp.), Indenture (Lin Tv Corp), Indenture (Lin Television 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 or the Guarantors in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc), Fedders Corp /De, Carson Products 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the SecuritiesSecurities or for any money paid to the Company or upon the Company's direction under any provisions hereof, it shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee receives, and it shall not be responsible for any statement of or recital herein or any statement in the Company in this Indenture Securities or in any other document issued in connection with the sale of the Securities or in the Securities pursuant to this Indenture, other than the Trustee’s its certificate of authentication.

Appears in 3 contracts

Samples: Restricted Stock Agreement (Jordan Industries Inc), Indenture (Jordan Industries Inc), Jordan 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 Securities, it shall not be accountable for the Company’s Issuer's use of the proceeds from the Securities, 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 Issuer in this Indenture or in any document issued in connection with the sale of the Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Getty Images Inc, Classic Communications Inc, Black Creek Management LLC

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Securities, Securities and it shall not be accountable for the Company’s 's use of the proceeds from the Securities, shall not be responsible for the use Securities or application of any money received by paid to the Company or upon the Company's discretion under any Paying Agent other than the Trustee provision of this Indenture, 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 Securities or statement in the Securities Securities, 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 3 contracts

Samples: Tia Indenture (Wichita Manufacturing Inc), Compass Aerospace LTD, Asat Holdings 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or in the Securities other than 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 (BMP Sunstone CORP), BMP Sunstone CORP, BMP Sunstone 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 SecuritiesSecurities or any offering document, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 an Company in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 3 contracts

Samples: Reynolds R J Tobacco Co, Rj Reynolds Tobacco Holdings Inc, RJR Acquisition Corp

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Securities or the SecuritiesSubsidiary Guarantees, it shall not be accountable for the Company’s use of the Securities or the proceeds from the Securities, 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 Securities or in the Securities 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 3 contracts

Samples: Indenture (Brunswick Corp), Pico Holdings Inc /New, UCP, 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, Security and Control Agreement or the Securities or as to the validity or perfection of any security interest or lien created thereby and it shall not be accountable for the Company’s Issuers' use of the proceeds from the Securities, 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 Securities or in the Securities Securities, other than the Trustee’s 's certificate of authenticationauthentication (if executed by the Trustee), or the use or application of any funds received by a Paying Agent other than the Trustee.

Appears in 3 contracts

Samples: Financing Agreement (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Financing Agreement (Waterford Gaming 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 SecuritiesSecur ities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 the Inden ture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Indenture (MBS Multimode Inc), Hyster Overseas Capital Corp LLC

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

Appears in 2 contracts

Samples: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/), Pooling Agreement and Indenture (Greenpoint Mortgage Securities 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 SecuritiesSecur ities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Inden ture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Lenfest Communications Inc), Boyd Gaming 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 SecuritiesSecur ities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Millenium Seacarriers Inc), Indenture (Ta Operating Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation or warranty and shall have no liability whatsoever as to and 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, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Color Spot Nurseries Inc, Color Spot Nurseries 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 Issuers' use of the proceeds from the Securities, 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 Issuer in this Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Plains Exploration & Production Co L P, Plains Resources 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 Issuers’ use of the proceeds from the Securities, 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 Indenture, in the Securities, or in any document issued executed in connection with the sale of the Securities or in the Securities Securities, other than those set forth in the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, 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 Securities or any statement in the Securities other than the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (MTS Inc), Leslies Poolmart 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 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, 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 Securities or in the Securities Securities, 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 2 contracts

Samples: Indenture (Total Renal Care Holdings Inc), General Semiconductor 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Harborside Healthcare Corp, Sailors 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, 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 Securities or in the Securities 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 2 contracts

Samples: Smithfield Foods Inc, CBS Corp

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture Indenture, the Securities or the Securitiesany Security Document, it shall not be accountable for the CompanyIssuer’s use of the proceeds from the Securities, 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 Issuer in this Indenture Indenture, any Security Document or in any document issued in connection with the sale of the Securities or any statement in the Securities 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 2 contracts

Samples: Global Crossing Uk Telecommunications LTD, Global Crossing 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 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, and it shall not be responsible for any statement or recital herein or any statement in the Securities other than its certificate of authentication or for the use or application of any money funds received by any a Paying Agent other than the Trustee and 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 the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (World Color Press Inc /De/), World Color Press 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 Securities, it shall not be accountable for the Company’s 's use of the proceeds from the Securities, 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication. The Trustee shall not be responsible for filing any notice in any public office at any time or times.

Appears in 2 contracts

Samples: Indenture (Hard Rock Hotel Inc), Brand Scaffold 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 Securities, it shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use sale of Securities or application of any money received by any Paying Agent other than paid to the Trustee 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 Securities or any statement in the Securities other than the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Corp/Fl)

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

Appears in 2 contracts

Samples: Indenture (International Wire Group Inc), International Wire Rome Operations, 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, 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 the Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Indenture (DR Sales Inc), Delco Remy 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 Indenture, the Securities or the Securitiesany other Note Documents, it shall not be accountable for the Company’s use of the its proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.)

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, shall not be accountable for the Company’s use or application of the proceeds from the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee and shall not be responsible for any statement of in any registration statement for the Company in this Indenture Securities under the Securities Act or in any offering document issued in connection with for the sale of Securities, the Indenture or the Securities or in the Securities (other than the Trustee’s 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 (Harrahs Entertainment Inc), Magnum Hunter Resources 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 use of the proceeds from the Securities, 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 Securities or in the Securities other than the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

Trustee’s Disclaimer. The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Securities, shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than the Trustee Securities and 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 the Trustee’s certificate of authentication.

Appears in 2 contracts

Samples: Indenture (Stanley Works), Indenture (Stanley Works)

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, 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 Securities or any statement in the Securities other than the Trustee’s 's certificate of authentication. Section 7.05.

Appears in 2 contracts

Samples: Newport News Shipbuilding Inc, Newport News Shipbuilding 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, ; the Trustee shall not be accountable for the Company’s use of the proceeds from the Securities, shall not be responsible for the use or application of any money received by any Paying Agent other than ; and the Trustee and 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 the Trustee’s its certificate of authentication. The Trustee shall have no responsibility or liability with respect to any information, statement or recital in the offering memorandum, prospectus, prospectus supplement or other disclosure material prepared or distributed with respect to any of the Securities.

Appears in 2 contracts

Samples: Covenants (NortonLifeLock Inc.), NortonLifeLock Inc.

Trustee’s Disclaimer. The Trustee shall not be --------------------- responsible for and makes no representation as 77 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, 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 the Indenture or in any document issued in connection with the sale of the Securities or in the Securities other than the Trustee’s 's certificate of authentication.

Appears in 2 contracts

Samples: Blum Capital Partners Lp, Cbre Holding Inc

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