Common use of Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness Clause in Contracts

Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Debt Securities or to the Guarantor or to any other Person cash, property or securities to which any holders of Guarantor Senior Indebtedness shall be entitled by virtue of this Article XV or otherwise. With respect to the holders of Guarantor Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XV and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness shall be read into this Indenture against the Trustee. Nothing in this Article shall apply to claims of or payments to, the Trustee pursuant to Section 7.06. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness of any Guarantor and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Debt Securities or Coupons or to the any Guarantor or to any other Person cash, property or securities to which any holders of Guarantor Senior Indebtedness of any Guarantor shall be entitled by virtue of this Article XV Eighteen or otherwise. The Trustee shall not be charged with knowledge of the existence of Guarantor Senior Indebtedness of any Guarantor or of any facts that would prohibit any payment pursuant to the Guarantee of any Guarantor unless a Responsible Officer of the Trustee shall have received written notice to that effect in the manner provided in Section 105. With respect to the holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XV Eighteen and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness of any Guarantor shall be read into this Indenture against the Trustee. Nothing in this Article shall apply to claims of or payments to, the Trustee pursuant to Section 7.06. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.

Trustee Not Fiduciary for Holders of Guarantor Senior Indebtedness. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Guarantor Senior Indebtedness of any Guarantor and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Debt Securities Senior Subordinated Notes or to the any Guarantor or to any other Person cash, property or securities to which any holders of Guarantor Senior Indebtedness of any Guarantor shall be entitled by virtue of this Article XV Fifteen or otherwise. The Trustee shall not be charged with knowledge of the existence of Guarantor Senior Indebtedness of any Guarantor or of any facts that would prohibit any payment pursuant to the Guaranty of any Guarantor unless a Responsible Officer of the Trustee shall have received written notice to that effect at the address of the Trustee set forth in Section 11.4. With respect to the holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XV Fifteen and no implied covenants or obligations with respect to holders of Guarantor Senior Indebtedness of any Guarantor shall be read into this Indenture against the Trustee. Nothing in this Article shall apply to claims of or payments to, the Trustee pursuant to Section 7.06. The Trustee hereby accepts the trusts in this Indenture upon the terms and conditions herein set forth.