Common use of No Responsibility for Recitals, Etc Clause in Contracts

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, enforceability or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of the Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or of the Common Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, enforceability or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes or of any Common Stock underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for to make any loss suffered in connection calculation with respect to any investment of funds made by it in accordance with matter under this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for duty to monitor or investigate the Company’s compliance with or the breach of, or cause to be performed or observed, any information representation, warranty, or covenant, or agreement of any Person, other than the Trustee, made in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notesthis Indenture.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this the Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this the Indenture. The Trustee shall not be responsible or liable for to make any loss suffered in connection calculation with respect to any investment of funds made by it in accordance with this Indenture or at matter under the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for duty to monitor or investigate the Company’s compliance with or the breach of, or cause to be performed or observed, any information representation, warranty, or covenant, or agreement of any Person, other than the Trustee, made in any offering memorandum, prospectus or other disclosure material distributed with respect to the NotesIndenture.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable for any loss suffered in connection with any investment of funds made application by it in accordance with this Indenture or at the direction Company of the CompanyNotes or the proceeds thereof. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Notes or of any Common Stock underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Indenture nor shall it be responsible for the use or application of any money received by any Paying Agent other than the Trustee shall and they will not be responsible or liable for any loss suffered statement or recital herein or any statement on the Notes or any other document in connection with any investment the sale of funds made by it in accordance with the Notes or pursuant to this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning other than the Trustee, the Trustee shall have no responsibility for any information in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notes’s certificate of authentication.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s 's certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information in any offering memorandumcircular, prospectus or other disclosure material distributed with respect to the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, or sufficiency or enforceability of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of the Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or of any Common Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible accountable for the use or liable for application by the Company of any loss suffered in connection with Notes or the proceeds of any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided Notes authenticated and delivered by the Trustee concerning in conformity with the Trustee, the provisions of this Indenture. The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, sufficiency or sufficiency adequacy of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable accountable for any loss suffered documents used in connection with any investment of funds made by it in accordance with this Indenture the sale or at the direction distribution of the CompanyNotes. Except for information provided by the The Trustee concerning the Trustee, the shall not be responsible to make any calculation with respect to any matter under this Indenture. The Trustee shall have no responsibility for duty to monitor or investigate the Issuer’s compliance with or the breach of, or cause to be performed or observed, any information representation, warranty, or covenant, or agreement of any Person, other than the Trustee, made in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notesthis Indenture.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the CompanyIssuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, enforceability or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company Issuer of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Issuer or upon the Issuer’s direction under any provision of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, the Notes, or of any Common Stock underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture Indenture, of the Notes or of the Notesany Common Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible accountable for the use or liable for application by the Company of any loss suffered in connection with Notes or the proceeds of any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided Notes authenticated and delivered by the Trustee concerning in conformity with the Trustee, the provisions of this Indenture. The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in the Offering Memorandum or in any offering memorandum, prospectus or other disclosure material distributed document used with respect to the sale or the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Circular or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any the offering memorandum, prospectus, prospectus supplement or other disclosure material prepared or distributed with respect to any of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the NotesNotes or of the Common Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes or the Common Stock (or other Reference Property) underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of the Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Circular or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or the Notes or any shares of the NotesCommon Stock. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor the Paying Agent will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in the Offering Memorandum or in any offering memorandum, prospectus or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any an offering memorandum, prospectus, prospectus supplement or other disclosure material prepared or distributed with respect to any of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable application by the Company of the Notes or the proceeds thereof, or for any loss suffered in connection with any investment of funds made by it received and disbursed in accordance with this Indenture or at the direction of the CompanyIndenture. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Notwithstanding the generality of the foregoing, each beneficial holder shall be solely responsible for making its own independent appraisal of, and investigation into, the financial condition, creditworthiness, condition, affairs, status and nature of the Company, and the Trustee shall not be responsible or liable at any time have any responsibility for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by same and each beneficial holder shall not rely on the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notesthereof.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity validity, enforceability or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Private Placement Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes or the Common Stock (or other Reference Property) underlying the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture or any money paid to the Company or upon the Company’s direction under any provision of the Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Memorandum or other disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Indenture or at the direction of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus or other the disclosure material prepared or distributed with respect to the issuance of the Notes.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Trustee shall not be responsible have no duty or liable for any loss suffered in connection obligation to monitor the Company’s compliance with any investment the terms of funds made by it in accordance with this Indenture or at to ascertain or inquire as to the direction observance, performance of any covenants, conditions or agreements of the Company. Except for information provided by the Trustee concerning the Trustee, the Trustee shall have no responsibility for any information issuer except as expressly set forth in any offering memorandum, prospectus or other disclosure material distributed with respect to the Notesthis Indenture.

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee shall not be accountable for the use or application by the Company of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture. The Neither the Trustee shall not nor any of its agents will be responsible accountable for the use or liable for any loss suffered in connection with any investment of funds made application by it in accordance with this Indenture or at the direction Company of the CompanyNotes or the proceeds thereof. Except for information provided by the Trustee concerning the Trustee, the The Trustee shall have no responsibility for or liability with respect to any information information, statement or recital in any offering memorandum, prospectus the Offering Circular or other disclosure material materials prepared or distributed in connection with respect to the issuance of the Notes.