Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 7 contracts
Sources: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 12 or otherwise.
Appears in 4 contracts
Sources: Indenture (Michaels Stores Inc), Senior Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 2 contracts
Sources: Indenture (Interline Brands, Inc./De), Indenture (Universal City Travel Partners)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders Noteholders or the Company Issuer or any other Person, money or assets to which any holders of such Senior Indebtedness shall be entitled by virtue of this Article Twelve 12 or otherwise.
Appears in 2 contracts
Sources: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve XII or otherwise.
Appears in 2 contracts
Sources: Senior Subordinated Notes Indenture (Claires Stores Inc), Senior Subordinated Notes Indenture (ASC Acquisition LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve Sixteen or otherwise.
Appears in 2 contracts
Sources: Subordinated Indenture (Cottonwood Land Co), Subordinated Indenture (Peabody Energy Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 13 or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor's Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor's Senior Indebtedness shall be entitled by virtue of this Article Twelve or otherwise.
Appears in 1 contract
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve XV or otherwise.
Appears in 1 contract
Sources: Indenture (Adesa California, LLC)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness of any a Guarantor and shall not be liable to any such holders if it shall mistakenly pay over or distribute to Holders or the Company such Guarantor or any other Person, money or assets to which any holders of such Senior Indebtedness of such Guarantor shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Infosat Communications LP)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor's Senior Indebtedness of any Guarantor and shall not be liable to any such holders of Senior Indebtedness if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor's Senior Indebtedness shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Sources: Indenture (Actuant Corp)
Trustee Not Fiduciary for Holders of Senior Indebtedness of Guarantors. The Trustee shall not be deemed to owe any fiduciary duty to the holders of any Guarantor’s Senior Indebtedness of any Guarantor and shall not be liable to any such holders of Senior Indebtedness if it shall mistakenly pay over or distribute to Holders or the Company any Guarantor or any other Person, money or assets to which any holders of such Guarantor’s Senior Indebtedness shall be entitled by virtue of this Article Twelve 14 or otherwise.
Appears in 1 contract
Sources: Indenture (Actuant Corp)