Common use of Trustee's Relation to Guarantor Senior Indebtedness Clause in Contracts

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XVIII in respect of any Guarantor Senior Indebtedness at any time held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Guarantor Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIII, and no implied covenants or obligations with respect to the holders of Guarantor Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, but shall have only such obligations to such holders as are expressly set forth in this Article XVIII.

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XVIII in with respect of to any Guarantor Senior Indebtedness which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Guarantor Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIIIArticle, and no implied covenants or obligations with respect to the holders of Guarantor Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, but shall have only such obligations to such holders Indebtedness (except as are expressly set forth provided in this Article XVIII.Section 12.03(b)). 107 -100-

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XVIII in respect of any Guarantor Senior Indebtedness at any time held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIIIEleven (and in Article Ten with respect to Senior Indebtedness), and no implied 101 -93- covenants or obligations with respect to the holders of Guarantor Senior Indebtedness of any Guarantor shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor and the Trustee shall not be liable to any holder of Guarantor Senior Indebtedness of any Guarantor if it shall mistakenly pay over or deliver to Holders, but the Company or any other person moneys or assets to which any holder of Guarantor Senior Indebtedness of any Guarantor shall have only such obligations to such holders as are expressly set forth in be entitled by virtue of this Article XVIIIEleven or otherwise.

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XVIII in respect of any Guarantor Senior Indebtedness at any time held by it, to the same extent as any other holder of Guarantor Senior Indebtedness, and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders Holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIIIThirteen (and in Article Fourteen with respect to Senior Indebtedness), and no implied covenants or obligations with respect to the holders Holders of Guarantor Senior Indebtedness of any Guarantor shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders Holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor and the Trustee shall not be liable to any Holder of Guarantor Senior Indebtedness of any Guarantor if it shall mistakenly pay over or deliver to Holders, but the Company or any other person moneys or assets to which any Holder of Guarantor Senior Indebtedness of any Guarantor shall have only such obligations to such holders as are expressly set forth in be entitled by virtue of this Article XVIIIThirteen or otherwise.

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity and any agent of the Guarantors or the Trustee shall be entitled to all the rights set forth in this Article XVIII in Twelve with respect of to any Guarantor Senior Indebtedness Debt which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Guarantor Senior Indebtedness, Debt and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. With respect to the holders of Guarantor Senior IndebtednessDebt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIIITwelve, and no implied covenants or obligations with respect to the holders of Guarantor Senior Indebtedness Debt shall be read into this Indenture against the Trustee. The Trustee 128 -120- shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness, but shall have only such obligations to such holders as are expressly set forth in this Article XVIIIDebt.

Trustee's Relation to Guarantor Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article XVIII in with respect of to any Senior Guarantor Senior Indebtedness which may at any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Guarantor Senior Indebtedness, and nothing in this Section 18.7 or elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. With respect to the holders of Senior Guarantor Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article XVIIIArticle, and no implied covenants or obligations with respect to the holders of Senior Guarantor Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Guarantor Senior Indebtedness, but shall have only such obligations to such holders Indebtedness (except as are expressly set forth provided in this Article XVIIISections 12.02(c) and 12.03(b)).