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

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 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, any Agent or any such agent of any of its rights as such a holder. 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 Article Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee or any Agent. Neither the Trustee nor any Agent shall be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Notes or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article or otherwise. Whenever a distribution is to be made or a notice is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representatives, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Company or 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 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, any Agent Trustee or any such agent of any of its rights as such a holder. 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 Article 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 or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to or on behalf of Holders of Notes or to the Company or to any other person cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article Ten, 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 is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representatives, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Company or the Trustee or any Agent shall be entitled to all the rights set forth in this Article Ten 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, any Agent Trustee or any such agent of any of its rights as such a holder. With respect to the holders of Senior Debt, the Trustee and each Agent undertakes to perform or to observe only such of its covenants duties, covenants, responsibilities and obligations Obligations as are specifically set forth in this Article Ten10, and no implied covenants duties, covenants, responsibilities or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article 10 or otherwise. Whenever a distribution is to be made or a notice is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their RepresentativesRepresentative, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Company or the Trustee or any Agent shall be entitled to all the rights set forth in this Article Ten 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 and nothing in this Indenture shall deprive the Trustee, any Agent Trustee or any such agent of any of its rights as such a holder. 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 Article Ten11, 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 or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt Debt, and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders or on behalf of Notes Securityholders or to the Company or to any other person cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article 11, except if such payment is made as a result of the willful misconduct or otherwisegross negligence of the Trustee. Whenever a distribution is to be made or a notice is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their RepresentativesRepresentative, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Issuer or 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 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, any Agent Trustee or any such agent of any of its rights as such a holder. Nothing in this Article Ten shall apply to claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07. With respect to the holders of Senior Debt, the Trustee and each Agent undertakes to perform or to observe only such of its covenants duties, covenants, responsibilities and obligations as are specifically set forth in this Article Ten, and no implied covenants duties, covenants, responsibilities or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Notes or to the Company Issuer or to any other person Person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article Ten or otherwise. Whenever a distribution is to be made or a notice is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their RepresentativesRepresentative, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Company or the Trustee or any Agent shall be entitled to all the rights set forth in this Article Ten X 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, any Agent Trustee or any such agent of any of its rights as such a holder. 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 Article TenX, 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 or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to or on behalf of Holders of Notes or to the Company or to any other person cash, property money or securities assets to which any 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 is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representatives, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Company or 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 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, any Agent Trustee or any such agent of any of its rights as such a holder. 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 Obligations as are specifically set forth in this 103 -103- Article Ten, and no implied covenants or obligations Obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to or on behalf of Holders of Notes or to the Company or to any other person cash, property money or securities assets to which any holders of Senior Debt shall be entitled by virtue of this Article Ten, 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 is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representatives, if any.

Trustee's Relation to Senior Debt. The Trustee, each Agent Trustee and any agent of the Company, of Issuers or 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 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, any Agent Trustee or any such agent of any of its rights as such a holder. 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 Article 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 or any Agent. Neither the Trustee nor any Agent shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Notes Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this Article Ten or otherwise. Whenever a distribution is to be made or a notice is to be given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their RepresentativesRepresentative, if any.