Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 or otherwise.
Appears in 4 contracts
Sources: Indenture (Chapman Construction Co., L.P.), Indenture (Black Hills Corp /Sd/), Indenture (Black Hills Holding Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 12 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of such Senior Indebtedness, and nothing in Section 6.13 8.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness 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 Article 1512, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness of the Company and, subject to the provisions of Section 6.18.01, the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders of Securitiesany Holder, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 15 12 or otherwise.
Appears in 4 contracts
Sources: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1601, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 or otherwise.
Appears in 3 contracts
Sources: Indenture (Solectron Corp), Indenture (Cypress Semiconductor Corp /De/), Indenture (Solectron Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 XIII in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness of the Company and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness 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 Article 15XIII, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Section 6.1, Company and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other person Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 XIII or otherwise.
Appears in 3 contracts
Sources: Indenture (CompoSecure, Inc.), Indenture (Revlon Inc /De/), Indenture (Taylor Morrison Home Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 10 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of such Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness 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 Article 1510, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness of the Company and, subject to the provisions of Section 6.17.01, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 3 contracts
Sources: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 Fifteen in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 613 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15Fifteen, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1601, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 Fifteen or otherwise.
Appears in 3 contracts
Sources: Indenture (Quantum Corp /De/), Indenture (Quantum Corp /De/), Reimbursement Agreement (Maxtor Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 2 contracts
Sources: Indenture (Nbty Inc), Indenture (Tanner Chemicals Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the (except as provided in SECTION 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 2 contracts
Sources: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 10 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of such Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 1510, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness and, subject to the provisions of Section 6.17.01, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to Holders of SecuritiesHolders, the Company or any other person Person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 2 contracts
Sources: Indenture (Network Associates Inc), Indenture (Network Associates Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 10 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 1510, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness of the Company and, subject to the provisions of Section 6.17.1, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 2 contracts
Sources: Indenture (Atmel Corp), Indenture (Atmel Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 2 contracts
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 V in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 9.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15V, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.19.01, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 V or otherwise.
Appears in 2 contracts
Sources: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)
Trustee's Relation to Senior Indebtedness. (a) The Trustee in its individual capacity and any paying agent shall be entitled to all the subordination rights set forth in this Article 15 in XV with respect of to any Senior Indebtedness that 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 Indebtedness, Indebtedness and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee or any paying agent of any of its rights as such holder. .
(b) With respect to the holders of 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 15XV, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the Trustee (except as provided in Sections 15.02(c) and 15.03(c)) and shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 XV or otherwise.
Appears in 2 contracts
Sources: Indenture (Agco Corp /De), Indenture (Agco Corp /De)
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article 15 Four in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15Four, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.18.1, the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver to Holders holders of SecuritiesNotes, the Company or any other person Person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 Four or otherwise.
Appears in 2 contracts
Sources: Indenture (Brocade Communications Systems Inc), Indenture (Conexant Systems Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 XII in respect of any Senior Indebtedness of an Obligor at any time held by it, to the same extent as any other holder of such Senior Indebtedness, and nothing in Section 6.13 7.11 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness of an Obligor, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15XII, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness of an Obligor and, subject to the provisions of Section 6.17.1, the Trustee shall not be liable to any holder of Senior Indebtedness of an Obligor if it shall pay over or deliver to Holders of Securitiesany Holder, any Beneficiary, the Company or any other person money or assets to which any holder of such Senior Indebtedness shall be entitled by virtue of this Article 15 XII or otherwise.
Appears in 1 contract
Sources: Indenture (Best Buy Co Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in 10 with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 1510, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 10.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other person money per- son cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 1 contract
Sources: Indenture (Vail Resorts Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 Twelve in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 5.6 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15Twelve, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.15.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Issuer or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 Twelve or otherwise.
Appears in 1 contract
Sources: Subordinated Indenture (Tyco International LTD /Ber/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the (except as provided in Sections 8.02(b) and 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 1 contract
Sources: Indenture (Amo Holdings LLC)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Ten with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Ten, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the (except as provided in Sections 10.02(b) and 10.03(b )). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Ten or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article 15 13 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 5.12 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 1513, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, and the Trustee shall not be liable to any holder of Senior Indebtedness (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver money to Holders of SecuritiesHolders, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 15 or otherwise13.
Appears in 1 contract
Sources: Indenture (Dov Pharmaceutical Inc)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in 10 with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 1510, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 10.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 1 contract
Sources: Indenture (General Cable Corp /De/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 13 in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness of the Company and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness 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 Article 1513, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Section 6.1, Company and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other person Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 13 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any Senior Indebtedness that 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.02(c) or 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 1 contract
Sources: Indenture (Digital Television Services of Kansas LLC)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 XII in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to the Company’s obligations to the Trustee under Section 7.7. With respect to the holders of 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 15XII, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.17.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 XII or otherwise.
Appears in 1 contract
Sources: Subordinated Debt Indenture (Northwest Bancshares, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 XIV in respect of any Senior Indebtedness of the Company at any time held by it, to the same extent as any other holder of Senior Indebtedness, Indebtedness of the Company and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness 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 Article 15XIV, and no implied covenants or obligations with respect to the holders of Senior Indebtedness 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 Indebtedness and, subject to of the provisions of Section 6.1, Company and the Trustee shall not be liable to any holder of Senior Indebtedness of the Company if it shall pay over or deliver to Holders holders of Securities, the Company or any other person Person money or assets to which any holder of Senior Indebtedness of the Company shall be entitled by virtue of this Article 15 XIV or otherwise.
Appears in 1 contract
Sources: Indenture (NetApp, Inc.)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 or otherwise.or
Appears in 1 contract
Sources: Indenture (Polymer Group Inc)
Trustee's Relation to Senior Indebtedness. (a) The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 13 in respect of any Senior Indebtedness of any Guarantor at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. .
(b) With respect to the holders of 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 1513, and no implied covenants or obligations with respect to the such holders of 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 Indebtedness and, subject to the provisions of Section 6.19.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, any of the Company Guarantors or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 13 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 Twelve in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of 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 15Twelve, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.15.1, the Trustee shall not be liable to any holder of Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Issuer or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 Twelve or otherwise.
Appears in 1 contract
Sources: Indenture (Crane Co /De/)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company Issuers or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 1 contract
Sources: Indenture (Aas Capital Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 15 10 in respect of any Senior Indebtedness of Western Digital at any time held by it, to the same extent as any other holder of such Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness of Western Digital, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 1510, and no implied covenants or obligations with respect to the holders of such 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 Indebtedness of Western Digital and, subject to the provisions of Section 6.17.01, the Trustee shall not be liable to any holder of such Senior Indebtedness if it shall pay over or deliver to Holders of Securities, the Company Western Digital or any other person Person money or assets to which any holder of Senior Indebtedness of Western Digital shall be entitled by virtue of this Article 15 10 or otherwise.
Appears in 1 contract
Sources: First Supplemental Indenture (Western Digital Corp)
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Ten with respect of to any 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 Indebtedness, and nothing in Section 6.13 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 Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 15Ten, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the (except as provided in Sections 10.02(b) and 10.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Ten or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in ----------------------------------------- its individual capacity shall be entitled to all the rights set forth in this Article 15 IV in respect of any Senior Indebtedness at any time held by it, to the ---------- same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 ------- 8.13 or elsewhere in this Indenture shall deprive the Trustee of any of its ---- rights as such holder. With respect to the holders of 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 15IV, and no implied covenants or ---------- obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.18.1, the Trustee shall not be liable to any holder of ----------- Senior Indebtedness if it shall pay over or deliver to Holders holders of Securities, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of this Article 15 IV or otherwise.. ----------
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in Eight with respect of to any 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 Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. 71 -64- With respect to the holders of 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 15Eight, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of (except as provided in Section 6.1, the 8.03(b)). The Trustee shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Securities or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 Eight or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. (a) The Trustee in its individual capacity and any paying agent shall be entitled to all the rights set forth in this Article 15 in XIV with respect of to any Senior Indebtedness that 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 Indebtedness, Indebtedness and nothing in Section 6.13 or elsewhere in this Indenture indenture shall deprive the Trustee or any paying agent of any of its rights as such holder. .
(b) With respect to the holders of 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 15XIV, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions of Section 6.1, the Trustee (except as provided in Sections 15.02(c) and 15.03(c)) and shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 XIV or otherwise.
Appears in 1 contract
Sources: Indenture (Agco Corp /De)
Trustee's Relation to Senior Indebtedness. (a) The Trustee in its individual capacity and any Paying Agent shall be entitled to all the rights set forth in this Article 15 in 14 with respect of to any Senior Indebtedness that 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 Indebtedness, Indebtedness and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee or any Paying Agent of any of its rights as such holder. .
(b) With respect to the holders of 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 1514, and no implied covenants or obligations with respect to the holders of 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 Indebtedness and, subject to the provisions (except as provided in Sections 14.02(c) and 14.03(c) of Section 6.1, the Trustee this Indenture) and shall not be liable to any holder of Senior Indebtedness such holders if it the Trustee shall in good faith mistakenly pay over or deliver distribute to Holders of Securities, Notes or to the Company or to any other person money cash, property or assets securities to which any holder holders of Senior Indebtedness shall be entitled by virtue of this Article 15 14 or otherwise.
Appears in 1 contract
Trustee's Relation to Senior Indebtedness. The Trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article 15 13 in respect of any Senior Indebtedness at any time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee of any of its rights as such holder. With respect to the holders of Senior IndebtednessIndebtedness and their Representatives, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article 1513, and no implied covenants or obligations with respect to the holders of Senior Indebtedness or their Representatives shall be read into this Indenture against the Trustee. The Trustee does not and shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness or their Representatives and, subject to the provisions of Section 6.17.01, the Trustee shall not be liable to any holder of Senior Indebtedness or their Representatives (i) for any failure to make any payments or distributions to such holder or (ii) if it shall pay over or deliver money to Holders holders of SecuritiesNotes, the Company or any other person money or assets to which any holder of Senior Indebtedness shall be entitled by virtue of Person in compliance with this Article 15 or otherwise13.
Appears in 1 contract
Sources: Indenture (LGI Homes, Inc.)