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.

Appears in 475 contracts

Sources: Indenture (Sarepta Therapeutics, Inc.), Indenture (Evolent Health, Inc.), Indenture (Euronet Worldwide, Inc.)

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.

Appears in 85 contracts

Sources: Indenture (Novavax Inc), Indenture (Jamf Holding Corp.), Indenture (Vishay Intertechnology Inc)

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 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.

Appears in 68 contracts

Sources: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Securities (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 NotesSecurities. The Trustee shall not be accountable for the use or application by the Company of any Notes Securities or the proceeds of any Notes Securities authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 26 contracts

Sources: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

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 Offering Memorandum 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.

Appears in 23 contracts

Sources: Indenture (Terawulf Inc.), Indenture (Intuitive Machines, Inc.), Indenture (Ligand Pharmaceuticals Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Debentures (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 NotesDebentures. The Trustee shall not be accountable for the use or application by the Company of any Notes Debentures or the proceeds of any Notes Debentures authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 19 contracts

Sources: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Williams Companies Inc)

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.

Appears in 18 contracts

Sources: Subordinated Indenture (Great Plains Energy Inc), Indenture for Senior Debt Securities (KCPL Financing Ii), Subordinated Indenture (Great Plains Energy Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Debentures (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 NotesDebentures. The Trustee shall not be accountable for the use or application by the Company of any Notes Debentures or the proceeds of any Notes Debentures authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 17 contracts

Sources: Indenture (Liberty Live Holdings, Inc.), Indenture (Sirius Xm Holdings Inc.), 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 or sufficiency of this Supplemental 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 Supplemental Indenture.

Appears in 12 contracts

Sources: Supplemental Indenture, Supplemental Indenture, Supplemental 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

Appears in 8 contracts

Sources: Indenture (Fisker Inc./De), Indenture (Revance Therapeutics, Inc.), Indenture (Endologix Inc /De/)

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 CompanyCompany and the Guarantors, 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 Guarantee 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.

Appears in 6 contracts

Sources: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)

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.

Appears in 6 contracts

Sources: Indenture (Riverstone Networks Inc), Indenture (E Trade Group Inc), Indenture (At Home Corp)

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 IndentureIndenture other than the Trustee’s certificate of authentication.

Appears in 5 contracts

Sources: Indenture (WEIBO Corp), Indenture (Sina Corp), Indenture (Teradyne, Inc)

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 other transaction documents. 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.

Appears in 4 contracts

Sources: Indenture (Live Nation Entertainment, Inc.), Indenture (Live Nation Entertainment, Inc.), Indenture (Live Nation Entertainment, Inc.)

No Responsibility for Recitals, Etc. The recitals contained herein in this Indenture 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.

Appears in 4 contracts

Sources: Indenture (CompoSecure, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)

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.

Appears in 3 contracts

Sources: Indenture (Emc Corp), Indenture (Park Electrochemical Corp), Indenture (Semtech Corp)

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 IndentureNotes.

Appears in 3 contracts

Sources: Senior Secured Convertible Notes Indenture (SAExploration Holdings, Inc.), Indenture (Par Pacific Holdings, Inc.), Indenture (Take Two Interactive Software Inc)

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 Trustees assume no responsibility for the correctness of the same. The Trustee makes Trustees make no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee Trustees 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.

Appears in 3 contracts

Sources: Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD)

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 nor any authenticating agent 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.

Appears in 3 contracts

Sources: Second Supplemental Indenture (Trinity Capital Inc.), First Supplemental Indenture (GSV Capital Corp.), Loan and Security Agreement (GSV Capital Corp.)

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 CompanyCompany and Avadel, 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 Guarantee 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.

Appears in 3 contracts

Sources: Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC)

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 and Collateral Agent assume 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.

Appears in 3 contracts

Sources: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)

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 or liability 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.

Appears in 2 contracts

Sources: Indenture (Avid Technology, Inc.), Indenture (Avid Technology, Inc.)

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.

Appears in 2 contracts

Sources: Indenture (Level One Communications Inc /Ca/), Indenture (Premiere Technologies Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the TrusteeAuthentication Agent’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.

Appears in 2 contracts

Sources: Indenture (Qiagen Nv), Indenture (Qiagen Nv)

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 CompanyParent, 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 Exchange Offer Document or of the Notes. The Trustee shall not be accountable for the use or application by the Company Parent of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 2 contracts

Sources: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s Trustees’ certificate of authentication) shall be taken as the statements of the Company, and the Trustee assumes Trustees assume no responsibility for the correctness of the same. The Trustee makes Trustees make no representations as to the validity or sufficiency of this Indenture or of the Notes. The Trustee Trustees 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 Trustees in conformity with the provisions of this Indenture.

Appears in 2 contracts

Sources: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)

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 CompanyCompany (except in the Trustee’s certificates of authentication), 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, provided that the Trustee shall not be relieved of its duty to authenticate Notes only as authorized by this Indenture. The Trustee shall not be accountable for the use or application by the Company of any of the Notes or of the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenturethereof.

Appears in 2 contracts

Sources: Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)

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 Exchange Offer Document 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.

Appears in 2 contracts

Sources: Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Securities (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 NotesSecurities. The Trustee shall not be accountable for the use or application by the Company of any Notes Securities or the proceeds of any Notes Securities authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 2 contracts

Sources: Indenture (Inverness Medical Innovations Inc), Indenture (Canadian Solar Inc.)

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 and the Collateral Agent assume 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.

Appears in 2 contracts

Sources: Indenture (Northern Star Acquisition Corp.), Indenture (Roth CH Acquisition I Co. Parent Corp.)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Securities (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 NotesSecurities. The Trustee shall not be accountable for the use or application by the Company of any Notes -43- Securities or the proceeds of any Notes Securities authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 2 contracts

Sources: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc)

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

Appears in 1 contract

Sources: Indenture (Dynegy Inc /Il/)

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 other transaction documents. 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.

Appears in 1 contract

Sources: Indenture (Scorpio Tankers Inc.)

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.

Appears in 1 contract

Sources: Indenture (Microchip Technology Inc)

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 CompanyPartnership, 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 Partnership of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Galaxy Digital Inc.)

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 any documents used in connection with the sale 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.

Appears in 1 contract

Sources: Indenture (Advanced Energy Industries Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Debentures (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

Appears in 1 contract

Sources: Indenture (Genesis Healthcare Corp)

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 Neither the Trustee nor any authenticating agent 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.

Appears in 1 contract

Sources: Indenture (Aceto Corp)

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.

Appears in 1 contract

Sources: Securities Purchase Agreement (Tribune Co)

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.. 43

Appears in 1 contract

Sources: Indenture (Eagle Bulk Shipping Inc.)

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 nor any authenticating agent 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.

Appears in 1 contract

Sources: Indenture (GSV Capital Corp.)

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 the Guarantees. 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.

Appears in 1 contract

Sources: Indenture (Pernix Therapeutics Holdings, Inc.)

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 45 51 Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Alkermes Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Debentures (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 NotesDebentures. The Trustee shall not be accountable for the use or application by the Company of any Notes of the Debentures authenticated by or the proceeds on behalf of any Notes authenticated and delivered by the Trustee in conformity with the provisions requirements of this IndentureIndenture or of the proceeds thereof.

Appears in 1 contract

Sources: Indenture (Philip Services Corp)

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 Guarantor and the Company, as applicable, 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.

Appears in 1 contract

Sources: Indenture (Wright Medical Group N.V.)

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. 064310-0812-15924-Active.25775846.

Appears in 1 contract

Sources: Indenture (Hope Bancorp Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and 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 (including any Paid-in-Stock Interest) authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Electra Battery Materials Corp)

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 CompanyIssuer, 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 Issuer of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Lexington Realty Trust)

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

Appears in 1 contract

Sources: Indenture (Forest City Enterprises Inc)

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 CompanyCompany and the Guarantor, 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 Guarantee 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.

Appears in 1 contract

Sources: Indenture (Ventas, Inc.)

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 or the Guarantor of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Uber Technologies, Inc)

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.. Table of Contents

Appears in 1 contract

Sources: Indenture (Ionis Pharmaceuticals Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the Trustee’s Trustees 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 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.

Appears in 1 contract

Sources: Indenture (Extra Space Storage Inc.)

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 any other document in connection with the sale 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.

Appears in 1 contract

Sources: Indenture (Uniti Group Inc.)

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 NotesNotes or other transaction documents. 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.

Appears in 1 contract

Sources: Indenture (Scorpio Tankers Inc.)

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 validity, sufficiency or sufficiency priority 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.

Appears in 1 contract

Sources: Indenture (Cke Restaurants Inc)

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 for, and makes no representations as to, 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.

Appears in 1 contract

Sources: Indenture (Heritage Insurance Holdings, Inc.)

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. Section 8.04.

Appears in 1 contract

Sources: Indenture (Euronet Worldwide Inc)

No Responsibility for Recitals, Etc. The recitals contained herein and 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.

Appears in 1 contract

Sources: Indenture (Electra Battery Materials Corp)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes Securities (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

Appears in 1 contract

Sources: Indenture (Evergreen Solar Inc)

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 CompanyCompany and the Parent, 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 Neither the Trustee nor any Paying Agent 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.

Appears in 1 contract

Sources: Indenture (American Water Works Company, Inc.)

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 CompanyCompanies, 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 Companies of any Notes or the proceeds of any Notes authenticated and delivered by the Trustee in conformity with the provisions of this Indenture.

Appears in 1 contract

Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

No Responsibility for Recitals, Etc. The recitals contained herein and in the Notes (except in the TrusteeTrustee ’s certificate of authentication) shall be taken as the statements of the CompanyGuarantor and the Company , as applicable, 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 . 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 IndentureIndenture .

Appears in 1 contract

Sources: 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 enforceability, validity 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.

Appears in 1 contract

Sources: Indenture (Finance of America Companies Inc.)