Common use of Trustee's Duties Clause in Contracts

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven are solely to protect the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture. The Trustee shall be under no duty whatsoever to the Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document to make or give any presentment, demand for performance, notice or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve this Indenture. The Trustee shall not be liable to the Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document for failure to collect or realize upon any or all of the Collateral, or for any delay in doing so, nor shall the Trustee be under any duty to the Issuers, any Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens in, or the Trustee’s or any Holder’s rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral Documents.

Appears in 4 contracts

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

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Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven XI are solely to protect the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture. The Trustee shall be under no duty whatsoever to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) whatsoever to make or give any presentment, demand for performance, notice or nonperformanceof non-performance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall the Trustee be under any duty to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, any other Affiliate the grantor of the Issuers party to a Collateral Document or any Holder Security Interest thereunder) to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens Security Interests in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsCollateral.

Appears in 3 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven 11 are solely to protect the security interests of the Trustee in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture. The Trustee shall be under no duty whatsoever to the IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor whatsoever to make or give any presentment, demand for or performance, notice or of nonperformance, protest, notice of 105 protest, notice of dishonor, or other notice or for demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall the Trustee be under any duty to the IssuersCompany, any Guarantor or Subsidiary Guarantor, or any other Affiliate of the Issuers party to a Collateral Document Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to the IssuersCompany, any Guarantor or Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document or any Holder Guarantor to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens security interests in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsCollateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (HMH Properties Inc)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven 7 are solely to protect the Collateral Pledged Securities and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this First Supplemental Indenture. The Trustee shall be under no duty whatsoever to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor whatsoever to make or give any presentment, demand for performance, notice or nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any CollateralPledged Securities, or to take any steps necessary to preserve this First Supplemental Indenture. The Trustee shall not be liable to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor for failure to collect or realize upon any or all of the CollateralPledged Securities, or for any delay in doing so, nor shall the Trustee be under any duty to the Issuers, any Subsidiary Guarantor, either Issuer or any other Affiliate of the Issuers party to a Collateral Document Guarantor to take any action whatsoever with regard thereto. The Trustee shall have no duty to either Issuer, the Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document Guarantor or any Holder to comply with any recording, filing or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsPledged Securities.

Appears in 1 contract

Samples: Metricom Inc / De

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Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven Twelve and the Pledge Agreement are solely to protect its interest and the interest of the Holders in the Collateral and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this IndentureIndenture and the Pledge Agreement. The Trustee shall be under no duty whatsoever to the Issuers, any Subsidiary Guarantor, Company or any other Affiliate of the Issuers party to a Collateral Document NV Holdings to make or give any presentment, demand for performance, notice or of nonperformance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the Issuers, any Subsidiary Guarantor, Company or any other Affiliate of the Issuers party to a Collateral Document NV Holdings for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall the Trustee be under any duty to the Issuers, any Subsidiary Guarantor, Company or any other Affiliate of the Issuers party to a Collateral Document NV Holdings to take any action whatsoever with regard thereto. The Trustee shall have no duty to the Issuers, any Subsidiary Guarantor, any other Affiliate of the Issuers party to a Collateral Document Company or any Holder NV Holdings to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens inof, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or Collateral, except with regard to perform on behalf the safekeeping of the Issuers under any Collateral Documentsperfected by the Trustee's possession thereof, and, with regard to such safekeeping, the Trustee shall be liable only for any damages that result from its willful misconduct or gross negligence.

Appears in 1 contract

Samples: Pledge and Security Agreement (Brooke Group LTD)

Trustee's Duties. The powers and duties conferred upon the Trustee by this Article Eleven XII are solely to protect the Collateral Security Interests and shall not impose any duty upon the Trustee to exercise any such powers and duties, except as expressly provided in this Indenture. The Trustee shall be under no duty whatsoever to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) whatsoever to make or give any presentment, demand for performance, notice or nonperformanceof non-performance, protest, notice of protest, notice of dishonor, or other notice or demand in connection with any Collateral, or to take any steps necessary to preserve any rights against prior parties except as expressly provided in this Indenture. The Trustee shall not be liable to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) for failure to collect or realize upon any or all of the Collateral, or for any delay in doing soso doing, nor shall the Trustee be under any duty to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, or any other Affiliate the grantor of the Issuers party to a Collateral Document Security Interest thereunder) to take any action whatsoever with regard thereto. The Trustee shall have no duty to the IssuersCompany (or with respect to any Security Documents, any Subsidiary Guarantor, any other Affiliate the grantor of the Issuers party to a Collateral Document or any Holder Security Interest thereunder) to comply with any recording, filing filing, or other legal requirements necessary to establish or maintain the validity, perfection, priority or enforceability of the Liens Security Interests in, or the Trustee’s or any Holder’s 's rights in or to, any of the Collateral or to perform on behalf of the Issuers under any Collateral DocumentsCollateral.

Appears in 1 contract

Samples: Indenture (Transtexas Gas Corp)

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