Common use of Acknowledgment of Multiple Roles Clause in Contracts

Acknowledgment of Multiple Roles. The parties expressly acknowledge and consent to Mellon Investor Services LLC acting as agent of the Trustee to perform any of the activities of the Trustee or its affiliates described herein and also acting in the capacity of Exchange Agent under the exchange agent agreement, dated [—], 2009 (the “Exchange Agent Agreement”), among the Company, the Exchange Agent and the Trustee. Mellon Investor Services LLC may, in such capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Mellon Investor Services LLC of its express duties set forth in this Agreement and the Exchange Agent Agreement, all of which defenses, claims or assertions are hereby expressly waived by the parties hereto except in the case of the willful misconduct, gross negligence or bad faith by Mellon Investor Services LLC.

Acknowledgment of Multiple Roles. The parties expressly acknowledge and consent to Mellon Investor Services LLC acting as agent of the Trustee to perform any of the activities of the Trustee or its affiliates described herein and also acting in the capacity of Exchange Agent under the exchange agent agreement, dated [—], 2009 executed on or about the date hereof (the “Exchange Agent Agreement”), among the Company, the Exchange Agent and the Trustee. Mellon Investor Services LLC may, in such capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Mellon Investor Services LLC of its express duties set forth in this Agreement and the Exchange Agent Agreement, all of which defenses, claims or assertions are hereby expressly waived by the parties hereto except in the case of the willful misconduct, gross negligence or bad faith by Mellon Investor Services LLC.