Common use of Trustee Not Liable Clause in Contracts

Trustee Not Liable. The Trustee shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate applicable thereto, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, or to be employed, in making the same. The Trustee shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock or of any securities or property which may at any time be issued or delivered upon the conversion of any Security, nor does it make any representation with respect thereto. The Trustee shall not be responsible for determination of value of Common Stock or the calculation of the number of Shares or of any adjustment to the number of Shares to be delivered by the Company. The Trustee shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock or stock certificates or other securities or other property upon the surrender of any Security for the purpose of conversion, or, subject to Section 6.1, to comply with any of the covenants of the Company contained in this Article XI.