Common use of Trustee's Relation to Senior Indebtedness Clause in Contracts

Trustee's Relation to Senior Indebtedness. With respect to the Holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors), and no implied covenants or obligations with respect to the Holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders of Senior Indebtedness and the Trustee shall not be liable to any Holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company, the Guarantors or any other person moneys or assets to which any Holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors)XIII, and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall mistakenly (but not as a result of willful misconduct or gross negligence of the Trustee) pay over or 108 deliver to Holders, the Company, the Guarantors Company or any other person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior IndebtednessIndebt- edness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen Eleven (and in Article Thirteen Ten with respect to any Guarantor Senior Indebtedness of the respective GuarantorsIndebtedness), and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company, the Guarantors any Note Guarantor or any other person Person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen Eleven or otherwiseother- wise.

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen Eleven (and in Article Thirteen Ten with respect to any Guarantor Senior Indebtedness of the respective GuarantorsIndebtedness), and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall mistakenly pay over or deliver to Holders, the Company, the Guarantors any Note Guarantor or any other person Person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen Eleven or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior Indebtedness, notwithstanding any other provisions of this Indenture, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors)XIII, and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall mistakenly (but without negligence, willful misconduct or bad faith) pay over or deliver to Holders, the Company, the Guarantors Company or any other person Person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen XIII or otherwise.

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors)Thirteen, and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture Article Thirteen against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall in good faith mistakenly (absent willful misconduct) pay over or deliver to Holders, the Company, the Guarantors Company or any other person Person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen Thirteen or otherwise.. ARTICLE FOURTEEN

Trustee's Relation to Senior Indebtedness. With respect to the Holders holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Fourteen (and in Article Thirteen with respect to any Guarantor Senior Indebtedness of the respective Guarantors)10, and no implied covenants or obligations with respect to the Holders holders of Senior Indebtedness shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the Holders holders of Senior Indebtedness and the Trustee shall not be liable to any Holder holder of Senior Indebtedness if it shall shall, in good faith, mistakenly pay over or deliver to Holders, the Company, the Guarantors Company or any other person moneys or assets to which any Holder holder of Senior Indebtedness shall be entitled by virtue of this Article Fourteen 10 or otherwiseotherwise (although such mistaken payment shall not otherwise affect the subordination provisions of this Article 10).