Section Trustee Disclaimer Clause Samples

Section Trustee Disclaimer. The Trustee accepts the amendment of ------------------ the Indenture and the Notes effected by this First Supplemental Indenture and agrees to execute the trust created by the Indenture as hereby amended, but only upon the terms and conditions set forth in the Indenture, including the terms and provisions defining and limiting the liabilities and responsibilities of the Trustee, which terms and provisions shall in like manner define and limit its liabilities and responsibilities in the performance of the trust created by the Indenture as hereby amended. Without limiting the generality of the foregoing, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the Company, or for or with respect to (i) the validity, efficacy or sufficiency of this First Supplemental Indenture or any of the terms or provisions hereof, (ii) the proper authorization hereof by the Company by corporate action or otherwise, (iii) the due execution hereof by the Company or (iv) the consequences (direct or indirect and whether deliberate or inadvertent) of any amendment herein provided for, and the Trustee makes no representation with respect to any such matters. I.
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Related to Section Trustee Disclaimer

  • Trustee Disclaimer The Trustee is not responsible for the validity or sufficiency of this Supplemental Indenture nor for the recitals hereof.

  • Trustee Provisions 40.1 You make the following declarations if you enter into any arrangement with us or own any of the security property as trustee of any trust or settlement: a. any arrangement with us is for the benefit of the trust; b. any arrangement with us does not conflict with the operation of the terms of the trust; c. you are the only trustee(s) of the trust; d. you have the power as trustee of the trust to unconditionally enter into this facility agreement and perform your obligations under it; e. the trust has not been terminated and no beneficiary is presently entitled to any assets of the trust; f. you have the right to be fully indemnified out of the trust assets for obligations incurred under the g. no action has been taken or proposed to terminate the trust; h. true copies of the trust deed and other documents relating to the trust have been provided to us and disclose all the terms of the trust; i. trustee or exercised any power of appointment; j. no property of the trust has been resettled or set aside or transferred to any other trust; ▇. the trust documents comply with all applicable laws; l. by entering into any arrangement with us and performing your obligations under it you are properly performing your obligations to the beneficiaries of the trust; m. you have taken all steps necessary to allow you to enter into and perform your obligations under any arrangement with us; n. no action has been taken to remove you as trustee or to appoint an additional trustee; and o. you have not breached your obligations as trustee.

  • Certain Trustee Matters The recitals contained herein shall be taken as the statements of the Company, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Supplemental Indenture or the Notes or the proper authorization or the due execution hereof or thereof by the Company.

  • Limitation of Liability of Owner Trustee and Indenture Trustee (a) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by BNY Mellon Trust of Delaware, not in its individual capacity but solely as Owner Trustee and in no event shall BNY Mellon Trust of Delaware have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuing Entity. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuing Entity hereunder, the Owner Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Trust Agreement. (b) Notwithstanding anything contained herein to the contrary, this Agreement has been countersigned by Deutsche Bank Trust Company Americas, not in its individual capacity but solely in its capacity as Indenture Trustee and in no event shall Deutsche Bank Trust Company Americas have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuing Entity hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Issuing Entity. For all purposes of this Agreement, in the performance of any duties or obligations of the Issuing Entity hereunder, the Indenture Trustee shall be subject to, and entitled to the benefits of, the terms and provisions of Article VI of the Indenture.

  • Indenture Trustee’s Disclaimer The Indenture Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this Indenture or the Notes, it shall not be accountable for the Issuer's use of the proceeds from the Notes, and it shall not be responsible for any statement of the Issuer in the Indenture or in any document issued in connection with the sale of the Notes or in the Notes other than the Indenture Trustee's certificate of authentication.