Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 55 contracts
Samples: Senior Indenture (Ruby Tuesday Inc), Senior Indenture (Western Refining, Inc.), Senior Indenture (Auris Medical Holding AG)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s use or application by the Company of Securities or the proceeds from the Securitiesthereof.
Appears in 32 contracts
Samples: Indenture (Apogent Technologies Inc), Indenture (Cv Therapeutics Inc), Indenture (Vertex Pharmaceuticals Inc / Ma)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 23 contracts
Samples: Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Indenture (Aes Trust Ii), Indenture (Aes Corporation)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 17 contracts
Samples: Subordinated Indenture (MULTI COLOR Corp), Subordinated Indenture (AtriCure, Inc.), Senior Indenture (MULTI COLOR Corp)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) Notes shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities Notes, and (b) it shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes, and it shall not be responsible for any statement of the Company in this Indenture or the Notes other than the Trustee's certificate of authentication.
Appears in 17 contracts
Samples: Registration Rights Agreement (Management Solutins Inc/), Indenture (Dyncorp), Supplemental Indenture (Del Monte Foods Co)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 15 contracts
Samples: Subordinated Indenture (Conseco Financing Trust X), Indenture (Public Service Co of North Carolina Inc), Indenture (Federal Mogul Corp)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. 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 the Indenture.
Appears in 10 contracts
Samples: Trust Indenture (At&t Wireless Services Inc), At&t Wireless Services Inc, Esterline Technologies Corp
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or Indenture, the Securities or any offering materials and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 10 contracts
Samples: Indenture (Avangrid, Inc.), Uil Holdings Corp, Uil Holdings Corp
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy accuracy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 9 contracts
Samples: Indenture (Metris Companies Inc), Indenture (Amerus Life Holdings Inc), Ocwen Financial Corp
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 9 contracts
Samples: Subordinated Indenture (Capital Markets Co), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Information Services, Inc.)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application of the proceeds from the SecuritiesNotes or for monies paid over to the Company pursuant to the Indenture.
Appears in 6 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall 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 the Indenture.
Appears in 6 contracts
Samples: Subordinated Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Indenture (Donaldson Lufkin & Jenrette Inc /Ny/), Credit Suisse Group
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. 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.
Appears in 5 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar, Inc.)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities; the Trustee shall not be accountable for the Company’s use or application of the proceeds from the Securities; and the Trustee shall not be responsible for any statement in the Securities other than its certificate of authentication.
Appears in 4 contracts
Samples: Accuray (Accuray Inc), Accuray Incorporated (Accuray Inc), Accuray Incorporated (Accuray Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application by the Company of Notes or the proceeds from the Securitiesthereof.
Appears in 4 contracts
Samples: Indenture (Ciphergen Biosystems Inc), Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Infocrossing Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy and accuracy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 3 contracts
Samples: Cihc Inc, Cihc Inc, Conseco Inc Et Al
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or Indenture, the Securities and (b) or any coupon. 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 the Indenture.
Appears in 3 contracts
Samples: Ual Corp /De/, Ual Corp Capital Trust I, Ual Corp /De/
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 3 contracts
Samples: Supplemental Indenture (Cadiz Inc), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) it shall not be accountable for the Company’s use or application by the Company of the Securities or the proceeds from the Securitiesthereof.
Appears in 3 contracts
Samples: Mimecast LTD, Emagin Corp, Emagin Corp
Trustee’s Disclaimer. The recitals contained herein and in -------------------- the Securities (Securities, except the Trustee’s certificate 's certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. 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 the Indenture.
Appears in 3 contracts
Samples: Farmland Industries Inc, St Paul Bancorp Inc, St Paul Bancorp Inc
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any interest coupon. 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 the Indenture.
Appears in 2 contracts
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall 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 the Indenture.
Appears in 2 contracts
Samples: Senior Indenture (Credit Suisse (Usa) Inc), Subordinated Indenture (Credit Suisse (Usa) Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) Debentures shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities Debentures, and (b) it shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesDebentures, and it shall not be responsible for any statement of the Company in this Indenture or the Debentures other than the Trustee's certificate of authentication.
Appears in 2 contracts
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any interest coupon. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.of
Appears in 2 contracts
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 2 contracts
Samples: Indenture (Becton Dickinson & Co), Becton Dickinson & Co
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) Notes shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities Notes, and (b) it shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes, and it shall not be responsible for any statement of the Company in this Indenture or the Notes other than the Trustee's certificate of authentication.
Appears in 2 contracts
Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 2 contracts
Samples: Choice One Communications Inc, Choice One Communications Inc
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities. The Trustee shall not be responsible for any statement or recital in any document in connection with the sale of the Securities.
Appears in 2 contracts
Samples: Senior Indenture (Cobalt International Energy, Inc.), Molycorp, Inc.
Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except in the Trustee’s certificate certificates of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the same. Neither the The Trustee nor any of its agents (ai) makes any no representation as to the validity or adequacy of this Indenture the Indenture, the Note Guaranties or the Securities and Notes, (bii) shall be is not accountable for the Company’s use or application of the proceeds from the SecuritiesNotes and (iii) is not responsible for any statement in the Notes other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Flextronics International Ltd.), Supplemental Indenture (Flextronics International Ltd.)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes or for monies paid over to the Company pursuant to the Indenture. The Trustee shall be charged with no knowledge of or duties under the Plan.
Appears in 2 contracts
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities or the Subsidiary Guaranties and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 2 contracts
Samples: Indenture (Valmont Group Pty LTD), Senior Indenture (Valmont Industries Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except in the Trustee’s certificate certificates of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the same. Neither the The Trustee nor any of its agents (ai) makes any no representation as to the validity or adequacy of this the Indenture or the Securities and Securities, (bii) shall be is not accountable for the Company’s use or application of the proceeds from the SecuritiesSecurities and (iii) is not responsible for any statement in the Securities other than its certificate of authentication.
Appears in 2 contracts
Samples: Indenture (Flex Ltd.), Indenture (Flex Ltd.)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity validity, adequacy or adequacy priority of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.any coupon. The Trustee
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of adequacyof this Indenture or the Securities and (bii) shall 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 the Indenture.
Appears in 1 contract
Samples: Donaldson Lufkin & Jenrette Inc /Ny/
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the same. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or coupons. The Trustee shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.Securities and, shall not be responsible for any statement in the registration statement for the Securities under the Securities Act of 1933,
Appears in 1 contract
Samples: Indenture (Litton Industries Inc)
Trustee’s Disclaimer. The recitals contained herein and in -------------------- the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 1 contract
Samples: Acterna Corp
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company Corporate and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or (b) shall be accountable for the CompanyCorporate’s use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Indenture (Savyon Trust Group,inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities and the Note Guarantees (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and or the Note Guarantees or (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except “the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture Indenture, the Guarantees or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Verisk Analytics, Inc.
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Servicemaster Co
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except in the Trustee’s certificate 's certificates of authentication) , shall be taken as statements the statement of the Company and not of the Trustee Company, and the Trustee or any Authenticating Agent assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy sufficiency of this Indenture or of the Securities and (b) securities. The Trustee or any Authenticating Agent shall not be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Indenture (Kinder Morgan Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of or the Trustee Guarantor, as applicable, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Securities. The Trustee shall not be accountable for the Company’s use or application by the Company or the Guarantor of Securities or the proceeds from the Securitiesthereof.
Appears in 1 contract
Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)
Trustee’s Disclaimer. The recitals contained herein -------------------- and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 1 contract
Samples: Federal Mogul Corp
Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except the Trustee’s 's certificate of authentication) and the Collateral Documents shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities Notes and (bii) shall be accountable for the Company’s 's use or application of the proceeds from the SecuritiesNotes, if any.
Appears in 1 contract
Samples: Senior Indenture (Aes Corporation)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (-------------------- Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 1 contract
Samples: Indenture (Acterna Corp)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Notes, except the Trustee’s certificate certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Guarantor, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity or adequacy sufficiency of this Second Supplemental Indenture or of the Securities and (b) Notes. The Trustee shall not be accountable for the Company’s use or application by the Company of the Notes or the proceeds from the Securitiesthereof.
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this the Indenture or the Securities and (b) or any coupon. 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 the Indenture.
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s 's certificate of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy accuracy of this Indenture or the Securities and (b) Securities. 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 the Indenture.
Appears in 1 contract
Samples: Executive Risk Inc /De/
Trustee’s Disclaimer. The recitals contained herein and in the Securities (Securities, except the Trustee’s certificate 's certificates of authentication) , shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) Securities. 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 the Indenture.
Appears in 1 contract
Samples: Farmland Industries Inc
Trustee’s Disclaimer. The recitals contained herein and in the Securities Notes (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities Notes and (bii) shall be accountable for the Company’s use or application of the proceeds from the SecuritiesNotes.
Appears in 1 contract
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.the
Appears in 1 contract
Samples: Indenture (Apogent Technologies Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s 's certificate of authentication) and the Guarantees shall be taken as statements of the Company or the Guarantor, as the case may be, and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s 's use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Servicemaster LTD Partnership
Trustee’s Disclaimer. The recitals contained herein and in the Securities Debentures (except for those in the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any representation no representations as to the validity validity, sufficiency or adequacy priority of this Indenture or of the Securities and (b) Debentures. The Trustee shall not be accountable for the Company’s use or application by the Company of Debentures or the proceeds from the Securitiesthereof.
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Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)
Trustee’s Disclaimer. The recitals -------------------- contained herein and in the Securities (except the Trustee’s 's certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (a) makes any representation as to the validity or adequacy of this Indenture or the Securities and (b) shall be accountable for the Company’s use or application of the proceeds from the Securities.Trustee
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Trustee’s Disclaimer. The recitals contained herein and in the Securities (except the Trustee’s certificate of authentication) shall be taken as statements of the Company and not of the Trustee and the Trustee assumes no responsibility for the correctness of the same. Neither the Trustee nor any of its agents (ai) makes any representation as to the validity or adequacy of this Indenture or the Securities and (bii) shall be accountable for the Company’s use or application of the proceeds from the Securities.
Appears in 1 contract
Samples: Indenture (La Quinta Properties Inc)
Trustee’s Disclaimer. The recitals contained herein and in the Securities (except for the Trustee’s certificate of authentication) shall be taken as the statements of the Company and not of the Trustee Company, and the Trustee assumes no responsibility for the correctness of the sametheir correctness. Neither the The Trustee nor any of its agents (a) makes any no representation as to the validity or adequacy of this Indenture or the Securities and (b) it shall not be accountable for the Company’s use or application by the Company of the Securities or the proceeds from the Securitiesthereof.
Appears in 1 contract
Samples: Emagin Corp