ServiceMagic 2012 Annual Report Download - page 199

S-65
(12) Delivery of reports, information and documents to the Trustee under Section 4.02 is for informational
purposes only and the Trustee’
s receipt of the foregoing shall not constitute constructive notice of any information contained
therein, including the Issuer’s compliance with any of its covenants hereunder (as which the Trustee is entitled to rely
exclusively on the Officer’s Certificate).
(13)
In no event shall the Trustee be responsible for special, indirect, punitive or consequential loss or damage
of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee has been advised of
the possibility of such loss or damage and regardless of the form of action.
The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may make loans
to, accept deposits from, perform services for or otherwise deal with the either of the Issuer or any Guarantor, or any Affiliates
thereof, with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. The Trustee,
however, shall be subject to Sections 7.10 and 7.11.
The Trustee shall not be responsible for and makes no representation as to the validity or adequacy of this
Indenture or the Notes or any Note Guarantee, it shall not be accountable for the Issuer’s or any Guarantor’s use of the proceeds
from the sale of Notes or any money paid to the Issuer or any Guarantor pursuant to the terms of this Indenture and it shall not be
responsible for the use or application of money received by any Paying Agent other than the Trustee. The Trustee shall not be
responsible for any statement in the Notes, Note Guarantee, this Indenture or any other document in connection with the sale of the
Notes other than its certificate of authentication.
The Trustee shall, within 90 days after the occurrence of any Default with respect to the Notes (which the Trustee
is aware of pursuant to Section 7.02(6) hereof), give the Holders notice of all uncured Defaults thereunder known to it; provided ,
however , that, except in the case of an Event of Default in payment with respect to the Notes or a Default in complying with
Section 5.01, the Trustee shall be protected in withholding such notice if and so long as it in good faith determines that the
withholding of such notice is not opposed to the interest of the Holders.
If required by TIA § 313(a), within 60 days after May 15th of any year, commencing May 15, 2013, the Trustee
shall mail to each Holder a brief report dated as of such reporting date that complies with TIA § 313(a). The Trustee also shall
comply with TIA § 313(b)(2). The Trustee shall also transmit by mail all reports as required by TIA § 313(c) and TIA § 313(d).
Reports pursuant to this Section 7.06 shall be transmitted by mail:
(1)
to all Holders, as the names and addresses of such Holders appear on the Registrar’s books; and
SECTION 7.03. Individual Rights of Trustee
.
SECTION 7.04. Trustee’s Disclaimer
.
SECTION 7.05.
Notice of Defaults
.
SECTION 7.06. Reports by Trustee to Holders
.