Article 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 13.13 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 28 contracts
Samples: Indenture (DSC Communications Corp), Indenture (Exodus Communications Inc), Indenture (Cirrus Logic Inc)
Article 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 13.13 Sections 14.5 and 14.7 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 26 contracts
Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp), Indenture (Valley National Bancorp)
Article 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 XII 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 XII in addition to or in place of the Trustee; provided, however, that Section 13.13 Sections 12.8 and 12.11 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 21 contracts
Samples: Indenture (Comstock Homebuilding Companies, Inc.), Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (Capitalsource Inc)
Article 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 13.13 12.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 19 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.), Indenture (United Community Banks Inc)
Article 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 13.13 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 12 contracts
Samples: Indenture (Veritas Software Corp /De/), Indenture (Cephalon Inc), Indenture (Rf Micro Devices Inc)
Article 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 13.13 13.11 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.
Appears in 10 contracts
Samples: Penske Automotive Group, Inc., Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.)
Article 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 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 13.13 11.08 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: Subordinated Indenture (Wintrust Financial Corp), First Supplemental Indenture (Old Line Bancshares Inc), Synovus Financial Corp
Article 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 13.13 1505 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: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc), Indenture (Solectron Corp), Reimbursement Agreement (Maxtor Corp)
Article 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 XII 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 XII in addition to or in place of the Trustee; provided, however, that Section 13.13 12.12 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 (Seacor Holdings Inc), Indenture (Anntaylor Inc), Indenture (Kranzco Realty Trust)
Article 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 13.13 14.13 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 (Geo MCF Lp, LLC), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)
Article 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 13.13 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: Mho, LLC, Indenture (Marathon Petroleum Corp), Indenture (Marathon Oil Corp)
Article 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 the second and third paragraphs of Section 13.13 11.11 shall not apply to the Company or any Affiliate subsidiary of the Company if it or such Affiliate subsidiary acts as Paying Agent.
Appears in 9 contracts
Samples: Indenture (Amkor Technology Inc), School Specialty (School Specialty Inc), Indenture (Agere Systems Inc)
Article 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 13.13 Sections 16.04 and 16.06 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 7 contracts
Samples: Indenture (Midamerican Energy Co), D & K Healthcare Resources Inc, Midamerican Energy Co
Article 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 13.13 15.12 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: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Allied Waste Industries Inc)
Article 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 XII 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 XII in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 13.13 12.5 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 (Best Buy Co Inc), Kramont Realty Trust, Celgene Corp /De/
Article 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 13.13 12.12 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 (Transtexas Gas Corp), Indenture (Avatar Holdings Inc), Indenture (Transtexas Gas Corp)
Article 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 13.13 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 6 contracts
Samples: First Supplemental Indenture (Premier Financial Corp), First Supplemental Indenture (Park National Corp /Oh/), First Supplemental Indenture (Enterprise Financial Services Corp)
Article 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 13.13 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 6 contracts
Samples: Indenture (Reliant Resources Inc), Indenture (Uromed Corp), Tech Data Corp
Article 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 "TrusteeTRUSTEE" 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 Section 13.13 Sections 14.09 and 14.12 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: Radio One Licenses LLC, Regent Broadcasting Midwest Inc, Emmis Television License Corp of Topeka
Article 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 13.13 15.13 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 (Primus Guaranty LTD), Royal Gold Inc /De/, United States Surgical Corp
Article 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 XIII 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 XIII in addition to or in place of the Trustee; provided, however, that Section 13.13 13.11 hereof 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: Cross Timbers Oil Co, Cross Timbers Oil Co, Petsec Energy Inc
Article 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 13.13 12.5 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: Aviron, Geron Corporation, Nuvelo Inc
Article 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 13.13 12.13 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 (American Greetings Corp), Indenture (Anthem Inc), Indenture (Wellsford Real Properties Inc)
Article 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 13.13 4.13 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 (Wabash National Corp /De), Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I)
Article 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 13.13 16.13 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: Trust Indenture (Safeco Corp), Aqua America Inc, Jefferies Group Inc /De/
Article 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 13.13 14.13 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: Liquid Media Group Ltd., Indenture (Associated Banc-Corp), Indenture (PLD Telekom Inc)
Article 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 13.13 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 4 contracts
Samples: Escrow Agreement (Providence Service Corp), Indenture (Cable Design Technologies Corp), Providence Service Corp
Article 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 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 13.13 16.13 shall not apply to the Company Issuers or any Affiliate of the Company Issuers if it they or such Affiliate acts act as Paying Agent.
Appears in 4 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Article 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 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 13.13 12.09 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 (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Wheeler Real Estate Investment Trust, Inc.
Article 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 XII 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 XII in addition to or in place of the Trustee; provided. For the avoidance of doubt, however, that Section 13.13 the Company shall not apply be permitted to the Company appoint itself or any Affiliate of the Company if it or such Affiliate acts as a Paying AgentAgent hereunder.
Appears in 4 contracts
Samples: Arbor Realty Trust Inc, Arbor Realty Trust Inc, Vestin Realty Mortgage II, Inc
Article 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 13.13 1211 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: Supplemental Indenture (Sonic Automotive Inc), Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Article 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 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 13.13 17.13 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 4 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.), Indenture (Teekay LNG Finance Corp.)
Article 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 13.13 16.13 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 (Aqua America Inc), Aqua America Inc, Jefferies Group LLC
Article 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 XII 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 XII in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Section 13.13 12.12 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 (Affymetrix Inc), Indenture (Affymetrix Inc), Pentegra Dental Group Inc
Article 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 Issuer with respect to the Securities 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 Section 13.13 11.13 shall not apply to the Company Issuer or any Affiliate of the Company Issuer if it the Issuer or such Affiliate one of its Affiliates acts as Paying Agentpaying agent.
Appears in 4 contracts
Samples: Subordinated Indenture (Enstar Finance LLC), Indenture (Enstar Finance LLC), Enstar Finance LLC
Article Applicable to Paying Agents. In case If at any time any Paying Agent other than the Trustee shall have been appointed by the Company Trustee and be then acting hereunder, the term "“Trustee" ” as used in this Article XII 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 XII in addition to or in place of the Trustee; provided. For the avoidance of doubt, however, that Section 13.13 shall not apply to neither the Company or nor any Affiliate of the Company if it or such Affiliate acts shall be permitted to serve as a Paying AgentAgent hereunder.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc)
Article 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 13.13 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 4 contracts
Samples: System Software (System Software Associates Inc), Securities Purchase Agreement (System Software Associates Inc), HNC Software Inc/De
Article 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 13.13 14.26 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: Penske Automotive Group, Inc., Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.)
Article 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 13.13 Sections 14.10, 14.12 and 14.13 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 (Hancock Holding Co), Hancock Holding Co, Indenture (Allegheny Technologies Inc)
Article 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 13.13 1426 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: Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Trustreet Properties Inc
Article 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 13.13 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 (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Article 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 13.13 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 3 contracts
Samples: Cymer Inc, Rf Micro Devices Inc, Invitrogen Corp
Article 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 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 the first paragraph of Section 13.13 -------- ------- 10.05 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: Aspect Telecommunications Corp, Aspect Telecommunications Corp, Aspect Telecommunications Corp
Article 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 13.13 13.5 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: Indenture (Orbital Sciences Corp /De/), Indenture (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/)
Article 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 13.13 4.11 hereof 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: Supplemental Indenture (Citizens Utilities Capital L P), Supplemental Indenture (Citizens Utilities Capital L P), Citizens Utilities Capital L P
Article 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 13.13 11.05 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 (Kaydon Corp), Indenture (Kaydon Corp), Netease Com Inc
Article 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 13.13 Sections 15.10 and 15.13 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 (Golden Star Resources LTD), Patterson Energy Inc, Stillwater Mining Co /De/
Article 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 XIII shall in such case (unless otherwise expressly stated or 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 XIII in addition to or in place of the Trustee; provided, however, that Section 13.13 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 3 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)
Article 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 13.13 1326 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 (Sonic Automotive Clearwater Inc), Penske Automotive Group, Inc., Indenture (United Auto Group Inc)
Article 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 13.13 1411 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 (Sonic Automotive Clearwater Inc), Penske Automotive Group, Inc., Indenture (United Auto Group Inc)
Article 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 XIV 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 XIV in addition to or in place of the Trustee; provided, however, that Section 13.13 14.11 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 (United Rentals Inc /De), United Rentals Realty, LLC, Wynne Systems Inc
Article 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 XIV 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 XIV in addition to or in place of the Trustee; provided, however, that Section 13.13 14.11 hereof 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 (Flores & Rucks Inc /De/), Ocean Energy Inc, Ocean Energy Inc
Article 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 13.13 1207 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent.paying agent. ARTICLE THIRTEEN
Appears in 3 contracts
Samples: Purchase Agreement (Vanstar Financing Trust), Indenture (Inacom Corp), Suiza Foods Corp
Article 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 XII 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 XII in addition to or in place of the Trustee; provided, however, that Section 13.13 Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as Paying Agent. ARTICLE XIII IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS SECTION 13.1.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Article 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 contest 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 13.13 13.12 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: Signature Resorts Inc, Signature Resorts Inc, Signature Resorts Inc
Article 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 13.13 SECTION 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 3 contracts
Samples: Indenture (Etoys Inc), Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys Inc)
Article 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 13 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 13 in addition to or in place of the Trustee; provided, however, that Section 13.13 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: Interliant Inc, Interliant Inc, Earthweb Inc
Article 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 13.13 11.11 hereof 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 (St Paul Companies Inc /Mn/), St Paul Companies Inc /Mn/, St Paul Companies Inc /Mn/
Article 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 13.13 7.11 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: Allstate Corp, Allstate Corp
Article 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 Base Indenture with respect to the Notes, 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 13.13 Sections 4.05 and 4.07 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: First Supplemental Indenture (Synovus Financial Corp), Supplemental Indenture (LegacyTexas Financial Group, Inc.)
Article 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 4 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 4 in addition to or in place of the Trustee; provided, however, that Section 13.13 4.12 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 (Commscope Inc), Indenture (Commscope Inc)
Article 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 Issuers and be then acting hereunder, the term "Trustee" as used in this Article shall XI 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 XI in addition to or in place of the Trustee; provided, however, that Section 13.13 shall 11.11 hereof will 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: Plains Exploration & Production Co L P, Plains Resources Inc
Article 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 13.13 Sections 14.5 and 14.7 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: Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)
Article 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 13.13 10.5 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: Indenture (Atmel Corp), Indenture (Atmel Corp)
Article 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 15 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 15 in addition to or in place of the Trustee; provided, however, that Section 13.13 15.11 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 2 contracts
Samples: Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp
Article 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 this Section 13.13 3.14 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: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, Inc.)
Article 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 13.13 13.16 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: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Article 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 Eight 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 Eight in addition to or in place of the Trustee; provided, however, that Section 13.13 8.11 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 (Trism Inc /De/), Indenture (Trism Inc /De/)
Article 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 13.13 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 2 contracts
Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc
Article 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 13.13 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: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Intercontinental Exchange, Inc.)
Article 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 13.13 16.12 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
Article 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 Ten in addition to or in place of the Trustee; provided, however, that Section 13.13 10.11 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: Telegroup Inc, Interface Inc
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company under the Indenture 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; provided, however, that Section 13.13 2.11 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts any of them is acting as Paying Agent.
Appears in 2 contracts
Samples: Company Subordination Agreement (Rogers Wireless Inc), Registration Rights Agreement (Rogers Wireless Inc)
Article 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 13.13 3.11 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 (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Article 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 13.13 13.11 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
Article 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 14 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 14 in addition to or in place of the Trustee; provided, however, that Section 13.13 14.12 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: Internet Capital Group Inc, Internet Capital Group Inc
Article 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 13.13 10.11 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: Fleming Companies Inc /Ok/, Fleming Companies Inc /Ok/
Article 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 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 the first paragraph of Section 13.13 10.05 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 (Network Associates Inc), Indenture (Network Associates Inc)
Article 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 13.13 13.12 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: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)
Article 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 13.13 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 2 contracts
Samples: Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)
Article 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 13.13 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 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Article 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 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 the first paragraph of Section 13.13 10.05 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 (Austin Funding Com Corp), Austin Funding Com Corp
Article 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 13.13 Sections 13.09 and 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 2 contracts
Samples: Indenture (Rite Aid Corp), America Online Inc
Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company Publishing 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 13.13 12.11 shall not apply to the Company Publishing or any Affiliate of the Company Publishing if it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Hollinger International Inc, Hollinger International Publishing Inc
Article Applicable to Paying Agents. In case at any time any At all times when 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 13.13 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 (Royal Bank of Scotland Group PLC), Royal Bank of Scotland Group PLC
Article 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 10 in addition to or in place of the Trustee; provided, however, that Section 13.13 10.11 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
Article 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 13.13 7.6 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: Mindspring Enterprises Inc, Mindspring Enterprises Inc
Article 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 6 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 Section in addition to or in place of the Trustee; provided, however, that Section 13.13 6.12 of this Supplemental Indenture 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: Umb Financial Corp, Umb Financial Corp
Article 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 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 Twelve in addition to or in place of the Trustee; provided, however, that Section 13.13 12.11 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
Article 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 13.13 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: Efficient Networks Inc, Chippac Inc
Article 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 13.13 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 (Arbor Realty Trust Inc), Marathon Oil Corp
Article 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 Issuer 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 Section 13.13 12.10 shall not apply to the Company Issuer or any Affiliate of its Affiliates if the Company if it Issuer or such Affiliate acts as Paying Agenta paying agent.
Appears in 2 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
Article 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 13.13 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: Siebel Systems Inc, Digital Island Inc
Article 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 Fourteen in addition to or in place of the Trustee; provided, however, PROVIDED that Section 13.13 14.11 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 (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)
Article 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 VII 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 VII in addition to or in place of the Trustee; provided, however, that Section 13.13 7.12 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: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
Article 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 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; providedPROVIDED, howeverHOWEVER, that the first paragraph of Section 13.13 10.05 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 (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/)
Article 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 13.13 Sections 4.9 and 4.11 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 (Dura Pharmaceuticals Inc/Ca), Dura Pharmaceuticals Inc/Ca
Article 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 13.13 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: And (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)
Article 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 XII 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 XII in addition to or in place of the Trustee; provided, however, that Section 13.13 Sections 12.8 and 12.11 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: Trust Agreement (Local Financial Corp /Nv), Local Financial Corp /Nv
Article 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 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 the first paragraph of Section 13.13 11.05 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: American Medical Systems Holdings Inc, American Medical Systems Holdings Inc
