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

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 18 contracts

Samples: Indenture (Cv Therapeutics Inc), Indenture (Nektar Therapeutics), Indenture (Cv Therapeutics Inc)

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Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 6.1, the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holders or (ii) if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 15 or otherwise.

Appears in 8 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereof7.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and, subject to the provisions of Sections 7.1 and 7.2, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 5 contracts

Samples: Subordinated Indenture (Aes Trust V), Indenture (Aes Trust Ii), Indenture (Aes Trust V)

Trustee's Relation to Senior Debt. The Trustee Trustee, in its capacity, shall be entitled to all the rights set forth in this Article with 4 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 4, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 8.01, the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to HoldersDebentureholders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of money in compliance with this Article or otherwise4.

Appears in 4 contracts

Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp

Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article 10 with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 10, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Debt. The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Securities or to the Company Issuer or to any other Person moneys cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article 10 or otherwise.

Appears in 4 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Trustee's Relation to Senior Debt. The Trustee Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 6.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 6.1, the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of money in compliance with this Article or otherwise.X.

Appears in 3 contracts

Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Genta Inc De/

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 12 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article 12 shall apply to the claims of of, or payments to payment to, the Trustee under or pursuant to Section 5.8 hereof7.07. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 12, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 7.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 12 or otherwise.

Appears in 3 contracts

Samples: Escrow Agreement (Providence Service Corp), Providence Service Corp, Providence Service Corp

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof6.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Lsi Logic Corp), Participation Agreement (Lsi Logic Corp), Credit Agreement (Lsi Logic Corp)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 12 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 12, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 4.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 12 or otherwise.

Appears in 3 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof5.8. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys monies or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 2 contracts

Samples: Vitesse Semiconductor Corp, Curagen Corp

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 14.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 14.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.

Appears in 2 contracts

Samples: Indenture (American Medical Systems Holdings Inc), Indenture (AMS Sales CORP)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X , and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 7.1 , the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article X or otherwise.

Appears in 2 contracts

Samples: Indenture (Trinity Industries Inc), Trinity Industries Inc

Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article X with respect to any Senior Debt of the Company which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt of the Company, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior DebtDebt of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt of the Company 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 Debt of the Company (except as provided in Section 10.02 and the Section 10.03(b), subject to Section 10.06). The Trustee shall not be liable to any holder such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Senior Subordinated Securities or to the Company or to any other Person cash, property or securities to which any holders of Senior Debt if it shall pay over or deliver to Holders, of the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article X or otherwise.

Appears in 2 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 7.1, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article X or otherwise.

Appears in 2 contracts

Samples: Trinity Industries Inc, Trinity Industries Inc

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article 14 shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle 7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 14, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Article 7, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 14 or otherwise.

Appears in 2 contracts

Samples: Houston Industries Inc, Pogo Producing Co

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof5.7. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 2 contracts

Samples: Indenture (Comverse Technology Inc/Ny/), Comverse Technology Inc/Ny/

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall pay over or deliver distribute to Holders, or on behalf of Holders or the Company or any other Person moneys person money or assets to which any holder holders of Senior Debt shall be entitled by virtue of this Article Article, except if such payment is made as a result of willful misconduct or otherwisegross negligence of the Trustee. Whenever a distribution is to be made or a notice given to holders or owners of Senior Debt, the distribution may be made and the notice given to their Representatives, if any.

Appears in 2 contracts

Samples: Landmark Theatre Corp, Koppers Industries Inc

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 4 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 11.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 4, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 11.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 4 or otherwise, unless payment of such amounts is prohibited under this Article 4 and the Trustee shall have received notice provided for in Section 4.05.

Appears in 2 contracts

Samples: Indenture (Convergys Corp), Indenture (Convergys Corp)

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof9.08 of this Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle (which covenant and obligation is limited solely to withhold payment to the Holders if the Trustee has actually received the written notice from the Company described in Section 5.07 above to the effect that a payment should not be made to the Holders), and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including, without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.

Appears in 2 contracts

Samples: Avnet Inc, Reliant Energy Inc

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.

Appears in 2 contracts

Samples: Indenture (Intel Corp), Indenture (Intel Corp)

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder Holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holderHolder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders Holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders Holders of Senior Debt 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 Senior Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder Holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person person moneys or assets to which any holder Holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.

Appears in 2 contracts

Samples: Reliant Energy Services New Mexico LLC, Reliant Energy Inc

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.12 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise, unless payment of such amounts is prohibited under this Article 5 and the Trustee shall have received the notice provided for in Section 5.05.

Appears in 2 contracts

Samples: Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt of the Company at the any time held by it, to the same extent as any other holder of Senior Debt of the Company and nothing elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior DebtDebt of the Company, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt of the Company 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 Debt of the Company and the Trustee shall not be liable to any holder of Senior Debt of the Company if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt of the Company shall be entitled by virtue of this Article 15 or otherwise.

Appears in 2 contracts

Samples: Indenture (Medtronic Inc), Medtronic Inc

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Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Article 8 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Article 8, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys person money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.

Appears in 1 contract

Samples: Pg&e Corp

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 311 of the TIA or in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any such holder of Senior Debt if it shall mistakenly pay over or deliver distribute to Holders, Holders of the Securities or the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 1 contract

Samples: Centerpoint Properties Trust

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with VII in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Article XI or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle VII, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Article XI, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article VII or otherwise.

Appears in 1 contract

Samples: Indenture (Interstate Bakeries Corp/De/)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 15 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 15, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 6.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Notes, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 15 or otherwise.

Appears in 1 contract

Samples: Sunrise Senior Living Inc

Trustee's Relation to Senior Debt. The Trustee Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article with X in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 6.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle X, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holdersholders of Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of money in compliance with this Article or otherwise.X.

Appears in 1 contract

Samples: Indenture (Genta Inc De/)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with 5 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 12.12 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 12.01, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.

Appears in 1 contract

Samples: Indenture (Xilinx Inc)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Four in respect to of any Senior Debt Indebtedness at the any time held by it, to the same extent as any other holder of Senior Debt Indebtedness, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior DebtIndebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Four, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and Indebtedness and, the Trustee shall not be liable to any holder of Senior Debt Indebtedness if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person moneys or assets to which any holder of Senior Debt Indebtedness shall be entitled by virtue of this Article Four or otherwise.

Appears in 1 contract

Samples: Indenture (SCS Transportation Inc)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 5 with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof10.06 of this Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise. Nothing in this Article shall apply to claims of, or payments to, the Trustee, in any of its capacities hereunder, or pursuant to Section 10.06 of this Indenture.

Appears in 1 contract

Samples: Indenture (Biomarin Pharmaceutical Inc)

Trustee's Relation to Senior Debt. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with Agreement in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing herein or in this the Indenture shall deprive the Trustee Subordinated Creditor of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee Subordinated Creditor undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleAgreement, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture Agreement against the TrusteeSubordinated Creditor. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee Subordinated Creditor shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys money or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Agreement or otherwise.

Appears in 1 contract

Samples: Subordination Agreement (Monogram Biosciences, Inc.)

Trustee's Relation to Senior Debt. The Trustee shall be entitled to all the rights set forth in this Article 5 with respect to any Senior Debt at the time held by it, to the same extent as any other holder of Senior Debt and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article 5 shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof7.06 of the Base Indenture. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 5 (which covenant and obligation is limited solely to withhold payment to the Holders if the Trustee has actually received the written notice from the Company described in Section 5.07 to the effect that a payment should not be made to the Holders), and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this the Indenture against the Trustee. The Trustee shall not be deemed to owe any duties (including, without limitation, any fiduciary duty duty) to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to Holders, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 5 or otherwise.

Appears in 1 contract

Samples: Supplemental Indenture (Vertex Pharmaceuticals Inc / Ma)

Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt Debt, and nothing in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt (except as provided in Sections 8.02(b) and the 8.03)(b)). The Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company Issuer or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 1 contract

Samples: HRM Holdings Corp

Trustee's Relation to Senior Debt. The Trustee Trustee, in its individual capacity, shall be entitled to all the rights set forth in this Article with 4 in respect to of any Senior Debt at the any time held by it, to the same extent as any other holder of Senior Debt Debt, and nothing in Section 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle 4, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Section 8.01, the Trustee shall not be liable to any holder of Senior Debt (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holdersholders of Debentures, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of money in compliance with this Article or otherwise4.

Appears in 1 contract

Samples: Mentor Graphics Corp

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Sixteen with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent, of any of its rights as such holder. Nothing contained in this Article Sixteen shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereofArticle Six. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Sixteen, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and and, subject to the provisions of Article Six, the Trustee shall not be liable to any holder of Senior Debt if it shall pay over or deliver to HoldersHolders of Securities, the Company or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article Sixteen or otherwise.

Appears in 1 contract

Samples: Cleco Corp

Trustee's Relation to Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in the Trust Indenture Act or in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Nothing contained in this Article shall apply to claims of of, or payments to to, the Trustee under or pursuant to Section 5.8 hereof607. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article, and no implied covenants or obligations with respect to the holders of Senior Debt 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 Debt and, subject to the provisions of Sections 601 and 603, the Trustee shall not be liable to any holder of Senior Debt if it shall in good faith pay over or deliver to HoldersHolders of subordinated Securities, the Company or any other Person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 1 contract

Samples: Foster Wheeler Corp

Trustee's Relation to Senior Debt. The Trustee, each Agent and any agent of the Company, of the Trustee or any Agent shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at the any time be held by it, it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee Trustee, any Agent or any such agent of any of its rights as such a holder. Nothing contained in this Article shall apply to claims of or payments to the Trustee under or pursuant to Section 5.8 hereof. With respect to the holders of Senior Debt, the Trustee and each Agent undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this ArticleArticle Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the TrusteeTrustee or any Agent. The Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and the Trustee shall not be liable to any holder of Senior Debt such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders, Holders of Notes or to the Company or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt shall be entitled by virtue of this Article or otherwise.

Appears in 1 contract

Samples: Indenture (Del Monte Foods Co)

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