Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 15 contracts
Samples: Indenture (Morgan Stanley Capital Trust VIII), Senior Indenture (Morgan Stanley Capital Trust VIII), Indenture (Morgan Stanley Dean Witter & Co)
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerCompany, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer Company of any of the Securities or of the proceeds thereof.
Appears in 6 contracts
Samples: Indenture (Health Management Associates Inc), Zd Inc, Security Capital Group Inc/
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or Indenture, of the Securities or Couponsof any prospectus used to sell the Securities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 4 contracts
Samples: Senior Indenture (Seagull Energy Corp), Seagull Energy Corp, York International Corp /De/
Trustee Not Responsible for Recitals. Disposition of Debt Securities or Application of Proceeds Thereof. The recitals contained herein and in the Debt Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsDebt Securities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Debt Securities or of the proceeds thereof.
Appears in 4 contracts
Samples: Trust Indenture (Financial Security Assurance Holdings LTD/Ny/), Indenture (Financial Security Assurance Holdings LTD/Ny/), Financial Security Assurance Holdings LTD/Ny/
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerIssuer or the Guarantor, as the case may be, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 3 contracts
Samples: Indenture (Abn Amro Bank Nv), Abn Amro Bank Nv, Abn Amro Bank Nv
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 2 contracts
Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the SecuritiesSecurities or Coupons, except the Trustee's certificates certificate of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation representations as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Samples: J P Morgan Chase & Co
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity validity, sufficiency or sufficiency priority of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the IssuerIssuer and the Guarantor, as applicable, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or Coupons. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Samples: Indenture (Sysco Corp)
Trustee Not Responsible for Recitals. Disposition of Securities or Application of Proceeds Thereof------------------------------------------------------ Proceeds. The recitals contained herein and in the Securities (other than the -------- certificate of authentication on the Securities, except the Trustee's certificates of authentication, ) shall be taken as the statements of the IssuerCompany, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation representations as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer Company of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Samples: Exodus Communications Inc
Trustee Not Responsible for Recitals. Disposition of Of Securities or Or Application of Of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Samples: Indenture (Exelon Corp)
Trustee Not Responsible for Recitals. Disposition of Of Securities or Or Application of Of Proceeds Thereof. The recitals contained herein and in the Securities, except the Trustee's ’s certificates of authentication, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representation as to the validity or sufficiency of this Indenture or of the Securities or CouponsSecurities. The Trustee shall not be accountable for the use or application by the Issuer of any of the Securities or of the proceeds thereof.
Appears in 1 contract
Samples: Indenture (Commonwealth Edison Co)
