Laserfiche WebLink
ARTICLE VI <br /> THE TRUSTEE, REGISTRAR, PAYING AGENTS <br /> AND AUTHENTICATING AGENTS <br /> Section 6.01. Trustee's Acceptance and Responsibilities. The Trustee accepts the trusts <br /> imposed upon it by this Indenture, and agrees to observe and perform those trusts, but only upon <br /> and subject to the terms and conditions set forth in this Article, to all of which the parties hereto <br /> and the Holders agree. <br /> (a) Prior to the occurrence of a default or an Event of Default (as defined in Section <br /> 7.01 hereof) of which the Trustee has been notified, as provided in paragraph (f) of Section 6.02 <br /> hereof, or of which by that paragraph the Trustee is deemed to have notice, and after the cure or <br /> waiver of all defaults or Events of Default which may have occurred, <br /> (i) the Trustee undertakes to perform only those duties and obligations which <br /> are set forth specifically in this Indenture, and no duties or obligations shall be implied to <br /> the Trustee; and <br /> (ii) in the absence of bad faith on its part, the Trustee may rely conclusively, <br /> as to the truth of the statements and the correctness of the opinions expressed therein, <br /> upon certificates or opinions furnished to the Trustee and conforming to the requirements <br /> of this Indenture; but in the case of any such certificates or opinions which by any <br /> provision hereof are required specifically to be furnished to the Trustee, the Trustee shall <br /> be under a duty to examine the same to determine whether or not they conform to the <br /> requirements of this Indenture. <br /> (b) In case a default or an Event of Default has occurred and is continuing hereunder <br /> (of which the Trustee has been notified, or is deemed to have notice), the Trustee shall exercise <br /> those rights and powers vested in it by this Indenture and shall use the same degree of care and <br /> skill in their exercise, as a prudent person would exercise or use under the circumstances in the <br /> conduct of their own affairs. <br /> (c) No provision of this Indenture shall be construed to relieve the Trustee from <br /> liability for its own grossly negligent action, its own grossly negligent failure to act, its own bad <br /> faith, or its own willful misconduct, except that <br /> (i) this Subsection shall not be construed to affect the limitation of the <br /> Trustee's duties and obligations provided in subparagraph (a)(i) of this Section or the <br /> Trustee's right to rely on the truth of statements and the correctness of opinions as <br /> provided in subparagraph (a)(ii) of this Section; <br /> (ii) the Trustee shall not be liable for any error of judgment made in good faith <br /> by any one of its officers, unless it shall be established that the Trustee was grossly <br /> negligent in ascertaining the pertinent facts; <br /> (iii) the Trustee shall not be liable with respect to any action taken or omitted <br /> to be taken by it in good faith in accordance with the direction of the Holders of not less <br /> - 36 - <br />