Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 30 contracts
Sources: Indenture (Cytokinetics Inc), Indenture (Oscar Health, Inc.), Indenture (Commvault Systems Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 29 contracts
Sources: Indenture (BigCommerce Holdings, Inc.), Indenture (Guess Inc), Indenture (Rivian Automotive, Inc. / DE)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee may conclusively rely on Officer’s Certificates).
Appears in 8 contracts
Sources: Indenture (Netskope Inc), Indenture (Netskope Inc), Indenture (Netskope Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 6 contracts
Sources: Indenture (Orthopediatrics Corp), Purchase Agreement (Orthopediatrics Corp), Indenture (Progress Software Corp /Ma)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 5 contracts
Sources: Indenture (Life360, Inc.), Indenture (Envista Holdings Corp), Indenture (Bandwidth Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 4 contracts
Sources: Indenture (Cheesecake Factory Inc), Indenture (Osi Systems Inc), Indenture (Marti Technologies, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive knowledge of or notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 4 contracts
Sources: Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture.
Appears in 3 contracts
Sources: First Supplemental Indenture (Cipher Mining Inc.), First Supplemental Indenture (Solaris Energy Infrastructure, Inc.), First Supplemental Indenture (Nikola Corp)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports to the Trustee pursuant to Section 3.02(A) is for informational purposes only and will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 3 contracts
Sources: Indenture (Amryt Pharma PLC), Indenture (Amryt Pharma PLC), Indenture
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) or the delivery of other documents or notices to the Trustee under this Indenture will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 3 contracts
Sources: Indenture (Beauty Health Co), Indenture (Beauty Health Co), Exchange Agreement (Beauty Health Co)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Bristow Group Inc), Indenture (NRG Energy, Inc.), Indenture (Innoviva, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 3 contracts
Sources: Indenture (Perficient Inc), Indenture (Perficient Inc), Indenture (CalAmp Corp.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture. The Trustee will have no liability or responsibility for the filing, timeliness or content of any such report or information.
Appears in 2 contracts
Sources: First Supplemental Indenture (Cytokinetics Inc), First Supplemental Indenture (Retrophin, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to this Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture. The Trustee will have no liability or responsibility for the filing, timeliness or content of any such report or information.
Appears in 2 contracts
Sources: Indenture (Inovio Pharmaceuticals, Inc.), Indenture (Neurocrine Biosciences Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).
Appears in 2 contracts
Sources: Indenture (Varex Imaging Corp), Indenture (Sabre Corp)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) is for informational purposes only and the Trustee’s receipt of such reports will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to rely conclusively on an Officer’s Certificate).
Appears in 2 contracts
Sources: Indenture (Eventbrite, Inc.), Indenture (Eventbrite, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice or knowledge to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 2 contracts
Sources: Indenture (Chefs' Warehouse, Inc.), Indenture (Chefs' Warehouse, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture. Section 3.03.
Appears in 2 contracts
Sources: Indenture (Super Micro Computer, Inc.), Indenture (Alkami Technology, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture, as to which the Trustee is entitled to rely exclusively on Officer’s Certificates.
Appears in 2 contracts
Sources: Second Supplemental Indenture (Verastem, Inc.), First Supplemental Indenture (Verastem, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 2 contracts
Sources: Indenture (Cracker Barrel Old Country Store, Inc), Indenture (Cracker Barrel Old Country Store, Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor)) or the contents thereof. The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (2U, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇E▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Sources: Indenture (Innoviva, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to this Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture, as to which the Trustee is entitled to rely exclusively on Officer’s Certificates.
Appears in 1 contract
Sources: Indenture (Verastem, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on Officer’s Certificates of the Company).
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (Booking Holdings Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) is for informational purposes only and will not be deemed to constitute actual or constructive notice to to, or knowledge of, the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) is for informational purposes only and the Trustee’s receipt of such reports will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenturethe Indenture (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture, as to which the Trustee is entitled to conclusively rely on Officer’s Certificates of the Company.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (2U, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇E▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenturethe Indenture (as to which the Trustee is entitled to rely exclusively on an Officers’ Certificate).
Appears in 1 contract
Sources: First Supplemental Indenture (Collegium Pharmaceutical, Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company Parent has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (Sabre Corp)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Sources: Indenture (Ani Pharmaceuticals Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to this Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to rely exclusively on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (Gastar Exploration Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A3.02.(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (Perficient Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The Trustee shall have no duty to review or analyze reports delivered to it. The sending or filing of reports pursuant to Section 3.02(A3.2(a) will not be deemed to constitute actual or constructive notice to or knowledge of the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) or Section 7.03(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Sources: Indenture (Guardant Health, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive knowledge or notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Sources: Indenture (Fluence Energy, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture.
Appears in 1 contract
Sources: First Supplemental Indenture (Cheesecake Factory Inc)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successorany successor thereto). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture, as to which the Trustee is entitled to conclusively rely on the Officer’s Certificate delivered by the Company pursuant to Section 3.05.
Appears in 1 contract
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) is for informational purposes only and the Trustee’s receipt of such reports will not be deemed to constitute actual or constitute constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenturethe Indenture (as to which the Trustee is entitled to conclusively rely on Officer’s Certificates).
Appears in 1 contract
Sources: First Supplemental Indenture (American Airlines, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ EDGAR system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture. Section 3.03.
Appears in 1 contract
Sources: Indenture (Core Scientific, Inc./Tx)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, #92925316v9 including the Company’s compliance with any of its covenants under this IndentureIndenture (as to which the Trustee is entitled to conclusively rely on an Officer’s Certificate).
Appears in 1 contract
Sources: Indenture (Bandwidth Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇E▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture, as to which the Trustee is entitled to conclusively rely on Officer’s Certificates of the Company.
Appears in 1 contract
Sources: Indenture (Farfetch LTD)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed any material via the ▇▇▇▇▇ system (or such successor). The sending or filing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this the Indenture. The Trustee will have no duty to review or analyze any such reports delivered to it.
Appears in 1 contract
Sources: Second Supplemental Indenture (Spirit Airlines, Inc.)
Trustee’s Disclaimer. The Trustee need not determine whether the Company has filed or furnished any material via the ▇▇▇▇▇ system (or such successor). The sending sending, filing or filing furnishing of reports pursuant to Section 3.02(A) will not be deemed to constitute actual or constructive notice to the Trustee of any information contained, or determinable from information contained, therein, including the Company’s compliance with any of its covenants under this Indenture.
Appears in 1 contract
Sources: Indenture (Inotiv, Inc.)