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

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 any time be held by 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 Paying Agent of any of its rights as such holder. 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 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 Trustee shall not be liable to any holder of Senior Debt (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or deliver to the Holders of 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 10 or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 2 contracts

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

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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 any time be held by 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 Paying Agent of any of its rights as such holder. 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 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 Trustee shall not be liable to any holder of Senior Debt (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or deliver to the Holders of 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 10 or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 2 contracts

Samples: Samsonite Corp/Fl, Samsonite Holdings 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 10 with respect to any Senior Debt which may at any time be held by 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 Paying Agent of any of its rights as such holder. 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 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 (other than for its willful misconduct or negligence) such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to the Holders of Securities, Securities or to the Company 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. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Trustee's Relation to Senior Debt. The Trustee and any Paying Agent agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Debt which may at any time be held by 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 such agent of any of its rights as such holder. 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 1012, 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 (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or deliver to the Holders of SecuritiesHolders, the Company Com- pany or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 10 12 or otherwise. Nothing in this Section 10.04 12.04 shall affect the obligation of any other such Person, person receiving such payment or distribution from the Company, Trustee or the Holders any other Agent to hold such money or assets payment for the benefit of, and to pay such money or assets payment over to, the holders of the Senior Debt or their applicable representative or representativesDebt.

Appears in 1 contract

Samples: Supplemental Indenture (Ifco Systems Nv)

Trustee's Relation to Senior Debt. The Trustee Trustee, the Agents and any Paying other Agent shall be entitled to all the rights set forth in this Article Eight with respect to any Senior Debt of the Issuers which may at any time be held by it in its individual 63 -56- or any other capacity to the same extent as any other holder of Senior DebtDebt of an Issuer, and nothing in this Indenture shall deprive the Trustee Trustee, the Agents or any Paying other Agent of any of its rights as such holder. With respect to the holders of Senior DebtDebt of an Issuer, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 10Eight, and no implied covenants or obligations with respect to the holders of Senior Debt of the Issuers 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 of the Issuers. The Trustee shall not be liable to any holder of Senior Debt (other than for its willful misconduct or negligence) such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Notes or to the Holders of Securities, the Company Issuers or to any other Person moneys person cash, property or assets securities to which any holder holders of Senior Debt of the Issuers shall be entitled by virtue of this Article 10 Eight or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 1 contract

Samples: Indenture (GPPW Inc)

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Trustee's Relation to Senior Debt. The Trustee and any Paying Agent shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at any time be held by 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 Paying Agent of any of its rights as such holder. 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 10Ten, 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 (other than for its willful misconduct or negligence) such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to the Holders of Securities, Securities or to the Company 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 Ten or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 1 contract

Samples: Indenture (Scientific Games 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 X with respect to any Senior Debt of Cadmus which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior DebtDebt of Cadmus, and nothing 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 DebtDebt of Cadmus, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 10X, and no implied covenants or obligations with respect to the holders of Senior Debt of Cadmus 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 Cadmus (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 of Senior Debt (other than for its willful misconduct or negligence) such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to the Holders of Securities, the Company Senior Subordinated Securities or to Cadmus or to any other Person moneys cash, property or assets securities to which any holder holders of Senior Debt of Cadmus shall be entitled by virtue of this Article 10 X or otherwise. Nothing in this Section 10.04 shall affect the obligation of any other such Person, the Company, or the Holders to hold such money or assets for the benefit of, and to pay such money or assets over to, the holders of the Senior Debt or their applicable representative or representatives.

Appears in 1 contract

Samples: Indenture (Cadmus Communications Corp/New)

Trustee's Relation to Senior Debt. The Trustee and any Paying Agent agent of any Guarantor or the Trustee shall be entitled to all the rights set forth in this Article 11 with respect to any Senior Debt which may at any time be held by 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 such agent of any of its rights as such holder. 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 1011, 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 (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or deliver to the Holders of SecuritiesHolders, the Company such Guarantor or any other Person person moneys or assets to which any holder of Senior Debt shall be entitled by virtue of this Article 10 11 or otherwise. Nothing in this Section 10.04 11.04 shall affect the obligation of any other such Person, person receiving such payment or distribution from the Company, Trustee or the Holders any other Agent to hold such money or assets payment for the benefit of, and to pay such money or assets payment over to, the holders of the Senior Debt or their applicable representative or representativesDebt.

Appears in 1 contract

Samples: Supplemental Indenture (Ifco Systems Nv)

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