Common use of Applicable to Paying Agents Clause in Contracts

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 20 contracts

Samples: Subordinated Indenture (Newfield Exploration Co /De/), Satisfaction And (Afa Products Inc), Indenture (Fifth Third Capital Trust Iv)

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Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 15 contracts

Samples: Indenture (Converse Inc), Indenture (Speedway Motorsports Inc), Indenture (Rf Micro Devices Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1212 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 14 contracts

Samples: Exhibit 4 (Converse Inc), Indenture (Loews Cineplex Entertainment Corp), Granite Broadcasting Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 9 contracts

Samples: Indenture (Colortyme Inc), Indenture (NXS I LLC), Indenture (Kindercare Learning Centers Inc /De)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 8 contracts

Samples: Indenture (Cygnus Inc /De/), Read Rite Corp /De/, Sun Microsystems Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article in addition to or in place of the Trustee; , provided, however, that Section 1413 Sections 1804 and 1806 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as Paying Agent.

Appears in 8 contracts

Samples: Indenture (Popular Inc), Indenture (Wells Fargo Capital Iv), Indenture (Wells Fargo & Co/Mn)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 8 contracts

Samples: Sinclair Television Co Ii Inc, Indenture (Tri R of Orlando Inc), Indenture (Marsh Village Pantries Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that this Section 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 8 contracts

Samples: Indenture (Global Signal Inc), Indenture (DRS Technologies Inc), Indenture (Genelabs Technologies Inc /Ca)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 7 contracts

Samples: Indenture (Tri R of Orlando Inc), Indenture (Marsh Village Pantries Inc), Indenture (Mallard & Mallard of La Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1312 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 6 contracts

Samples: Indenture (Hollywood Theaters Inc), Indenture (Solutia Inc), Indenture (Brookdale Living Communities Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 6 contracts

Samples: Indenture (Sonic Automotive Inc), HBL LLC, Uag Connecticut I LLC

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 6 contracts

Samples: WCHS Licensee LLC, Sinclair Television Co Ii Inc, Indenture (Sinclair Broadcast Group Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 5 contracts

Samples: Wellman Inc, Popular International Bank Inc, Phoenix Companies Inc/De

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article Sixteen in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1605 and 1607 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate its acts as Paying Agent.

Appears in 5 contracts

Samples: Dynegy Capital Trust Ii, Newfield Exploration Co /De/, Marine 300 Series Inc

Applicable to Paying Agents. In case If at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that the first paragraph of Section 1413 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agentpaying agent.

Appears in 5 contracts

Samples: Indenture (Telxon Corp), Indenture (Telxon Corp), Indenture (National Semiconductor Corp)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1513 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 5 contracts

Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1326 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 4 contracts

Samples: Uag Mentor Acquisition LLC, Atlantic Auto Funding Corp, HBL LLC

Applicable to Paying Agents. In case at any time any a Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 1311 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 4 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Callon Petroleum Co

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) shall be construed as extending to and including such Paying Agent within its meaning as fully fully, for all intents and purposes purposes, as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that this Section 1413 119 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies Inc), Pioneer Companies Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Indenture (Surety Capital Corp /De/), Indenture (Bryan College Station Financial Holding Co), Bank United Corp

Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article 12 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 12 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 12.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.), Indenture (Belden CDT Inc.)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1210 and 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Section 1413 1312 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Monsanto Co, Unova Inc, Brookdale Living Communities Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, provided that Section 1413 1213 shall not apply to the Company or any Affiliate of the this Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Budget Group Inc, National Data Corp, Reptron Electronics Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1111 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.. ARTICLE TWELVE

Appears in 3 contracts

Samples: Ormat Technologies, Inc., St Paul Capital Trust Ii, Ipc Holdings LTD

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Indenture (Apex Mortgage Capital Inc), Trinet Corporate Realty Trust Inc, Bay Apartment Communities Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that -------- ------- Section 1413 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Read Rite Corp /De/, Read Rite Corp /De/, Micron Technology Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context content otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1308 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Georgia Pacific Corp, Georgia Pacific Corp, Wachovia Corp/ Nc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1412 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Key3media Group Inc, Key3media Events Inc, Allied Waste Industries Inc

Applicable to Paying Agents. In case If at any time any Paying Agent (other than the Trustee Trustee) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 3 contracts

Samples: Black Hills Holding Corp, Black Hills Corp /Sd/, Willbros Group Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1315 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Registration Rights Agreement (Alliance Imaging Inc /De/), Registration Rights Agreement (Alliance Imaging Inc /De/)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 10.10 and 10.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Vishay Intertechnology Inc), Novellus Systems Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article in addition to or in place of the Trustee; , provided, however, that Section 1413 Sections 1405 and 1407 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Evans Bancorp Inc, Evans Bancorp Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article 12 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 12 in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 12.10 and 12.12 shall not apply to the Company or any an Affiliate of the Company if it the Company or any such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: TJX Companies Inc /De/, Idec Pharmaceuticals Corp / De

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1213 shall not apply to the Company Company, or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Quanta Services Inc, Quanta Services Inc

Applicable to Paying Agents. In case the event that, at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1414 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: TPG Nv, Indenture (Aegon Funding Corp)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Trust or the Corporation, as the case may be, and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1414 shall not apply to the such Company or any Affiliate of the such Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Starwood Lodging Trust, Starwood Lodging Corp

Applicable to Paying Agents. In case at any time any a Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1311 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Snyder Oil Corp), Indenture (Callon Petroleum Co)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Twelve shall in such case (unless the context content otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 12.08 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp

Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 5.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Ask Jeeves Inc), Iac/Interactivecorp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1409(a) and 1411 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Operating Partnership and be then acting hereunder, the term "Trustee" as Trustee"as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place -76- 86 of the Trustee; provided, however, that Section 1413 shall not apply to the Company Operating Partnership or any Affiliate of the Company Operating Partnership if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Vornado Realty Lp, Vornado Realty Lp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article 11 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 11 in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 11.10 and 11.12 shall not apply to the Company or any an Affiliate of the Company if it the Company or any such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1511 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Borg Warner Security Corp, Nine West Group Inc /De

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article article in addition to or in place of the Trustee; provided, however, that Section 1413 this section shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Arch Capital Group LTD, Xl Capital LTD

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1311(a) and 1313 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: PHP Healthcare Corp, NCS Healthcare Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Section 1413 1213 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (First State Bancorporation), Physicians Resource Group Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that this Section 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Tyler & Sanders Roads, Birmingham-Alabama, LLC, Russell Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1305, 1306 and 1307 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Philip Services Corp/De, Philip Services Corp/De

Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that the first paragraph of Section 1413 5.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Registration Rights Agreement (Citigroup Inc), Citigroup Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that -------- ------- Section 1413 12.9 shall not apply to the Company or any Affiliate of the Company if ------------ it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Medarex Inc), Medarex Inc

Applicable to Paying Agents. In case If at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agentpaying agent.

Appears in 2 contracts

Samples: International Shipholding Corp, International Shipholding Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that this Section 1413 1318 shall not apply to the Company or any Affiliate ------- of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: First Supplemental Indenture (Styrochem International LTD), Styrochem International Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such the Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1304 and 1306 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Guarantee Agreement (Land O Lakes Inc), Thaxton Group Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that this Section 1413 1212 shall not apply to the Company or any Affiliate of the Company if it any of them or any such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Regal Cinemas Inc, Amc Entertainment Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all 81 intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1312 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Eg&g Inc, Eg&g Inc

Applicable to Paying Agents. (a) In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Bank United Corp, Bank United Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Issuers and be then acting hereunder, the term "Trustee" as used in this Article article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article article in addition to or in place of the Trustee; provided, however, that Section 1413 this section shall not apply to the Company Issuers or any Affiliate of the Company Issuers if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Mediacom Capital Corp), Mediacom Capital Corp

Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requiresshall require otherwise) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 7.7 and 7.8 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agentits own paying agent.

Appears in 2 contracts

Samples: Thirteenth Supplemental Indenture (Enbridge Inc), Eleventh Supplemental Indenture (Enbridge Inc)

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Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company or the Guarantor and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Brown Tom Inc /De, Brown Tom Inc /De

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder the Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 913 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Healthcare Realty Trust Inc), Capstone Capital Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1016 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.. * * * * *

Appears in 2 contracts

Samples: Intercreditor Agreement (Huntway Partners L P), Intercreditor Agreement (Huntway Partners L P)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Brooks Pharmacy, Inc.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1113 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.. ARTICLE TWELVE

Appears in 1 contract

Samples: Microsoft Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Fourteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Fourteen in addition to or in place of the Trustee; provided, however, that this Section 1413 1409 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Arch Capital Group (Arch Capital Group Ltd.)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that this Section 1413 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: United States Steel Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1212 shall 109 not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: United Artists Theatre Co

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 13.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Security Agreement (Park Place Entertainment Corp)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1325 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Issuer and be then acting hereunder, the term "Trustee" as used in this Article article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article article in addition to or in place of the Trustee; provided, however, that Section 1413 this section shall not apply to the Company Issuer or any Affiliate of the Company Issuer if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Mediacom Capital Corp

Applicable to Paying Agents. 77- 87 In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1512 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Westell Technologies Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Subordinated Indenture (Wsyt Licensee L P)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1213 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Subordinated Indenture (Stone Energy Corp)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, 105 that Section 1413 1212 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Registration Rights Agreement (Supreme International Corp)

Applicable to Paying Agents. In case If at any time any Paying Agent (other than the Trustee Trustee) shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Chapman Construction Co., L.P.)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 1311 shall not apply to the Company or any Affiliate of the Company its respective Affiliates if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Arvin Industries Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.. 87 97

Appears in 1 contract

Samples: Capstone Capital Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1513 shall not apply -------- ------- to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Nuevo Energy Co

Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1407 and 1408 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agentits own paying agent.

Appears in 1 contract

Samples: Defs Capital Trust I

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place 116 127 of the Trustee; provided, however, that Section 1413 1311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Titan Wheel International Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Bankers Trust New York Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Fifteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Fifteen in addition to or in place of the Trustee; provided, however, that Section 1413 1513 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: SSL South, LLC

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as 139 used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that -------- ------- Section 1413 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Viking Distillery Inc

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1611 shall not apply to the Company Company, the Guarantor or any Affiliate of the Company their respective Affiliates if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Cendant Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Section 1413 1313 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Article Twelve (Bny Capital V)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Subordinated Indenture (Wsyt Licensee L P)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article 11 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 11 in addition to or in place of the Trustee; provided, however, that Section 1413 11.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Interface Inc)

Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall ------- otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Section 1413 Sections 1407 and 1408 shall not apply to the Company or any Affiliate of the Company Corporation if it or such Affiliate ------- acts as Paying Agentits own paying agent.

Appears in 1 contract

Samples: Eix Trust Iii

Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 1413 15.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Waddell & Reed Capital Trust I

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderthereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 311 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.. ARTICLE FOUR ------------ MISCELLANEOUS

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Kroger Co)

Applicable to Paying Agents. In case at any time any a Paying Agent other than the Trustee shall will have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall 14 will in such case (unless the context otherwise ---------- requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 14 in addition to or in place of the Trustee; provided, ---------- however, that Section 1413 shall 14.11 hereof will not apply to the Company or any ------------- Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Pan American Energy Finance Corp)

Applicable to Paying Agents. In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company Corporation and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context shall otherwise requiresrequire) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if such Paying Agent paying agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 1407 and 1408 shall not apply to the Company or any Affiliate of the Company Corporation if it or such Affiliate acts as Paying Agentits own paying agent.

Appears in 1 contract

Samples: Sempra Energy Holdings

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 this section shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Xl Capital LTD

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, however, that Section 1413 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Infocure Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article 10 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article 10 in addition to or in place of the Trustee; provided, however, that Section 1413 Sections 10.10 and 10.12 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Bergen Brunswig Corp)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; provided, -------- however, that Section 1413 1211 shall not apply to the Company or any Affiliate of ------- the Company if it or such Affiliate acts as Paying Agent.. 102

Appears in 1 contract

Samples: Intercompany Agreement (Vencor Inc)

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 1413 1513 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Scholastic Corp

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Eleven in addition to or in place of the Trustee; ------- ------ provided, however, that Section 1413 11.9 shall not apply to the Company or any ------------ Affiliate of the Company if it or such Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Cell Therapeutics Inc

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