Common use of Trustee Not Responsible for Recitals or Issuance of Notes Clause in Contracts

Trustee Not Responsible for Recitals or Issuance of Notes. The recitals contained herein and in the Notes, except the Trustee’s certificate of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity, sufficiency or priority of this First Supplemental Indenture or of the Notes. Neither the Trustee nor any Authenticating Agent shall be accountable for the use or application by the Company of the Notes or the proceeds thereof. Except with respect to the authentication of Notes pursuant to Section 303 of the Indenture, the Trustee shall not be responsible for the legality or the validity of this First Supplemental Indenture or any Notes issued or to be issued hereunder.