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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 and 14.7 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 26 contracts
Samples: Indenture (United Community Banks Inc), Indenture (Imperial Petroleum Inc./Marshall Islands), 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 21 contracts
Samples: Junior Subordinated Indenture (First Acceptance Corp /De/), Indenture (Comstock Homebuilding Companies, Inc.), Junior Subordinated Indenture (New Century 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 19 contracts
Samples: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 12 contracts
Samples: Indenture (Veritas Software Corp /De/), Indenture (Symantec Corp), 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 10 contracts
Samples: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.13 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate subsidiary of the Company if the Company it or such Affiliate subsidiary acts as Paying Agent.
Appears in 9 contracts
Samples: Indenture (Cke Restaurants Inc), Indenture (Vlsi Technology Inc), Indenture (Amkor Technology 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 1505 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Samples: Indenture (Quantum Corp /De/), Reimbursement Agreement (Maxtor Corp), Indenture (Solectron 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Samples: Indenture (Anntaylor Inc), Indenture (Spacehab Inc \Wa\), Indenture (Itron Inc /Wa/)
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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Samples: Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC), Indenture (Marathon Petroleum 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 under this Indenturehereunder, the term “Trustee” as used in this Article 11 shall in such case (unless the context shall content otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.08 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 9 contracts
Samples: Subordinated Indenture (Wintrust Financial Corp), Subordinated Indenture (Old Line Bancshares Inc), Subordinated Indenture (Synovus 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 under this Indenturehereunder, the term “Trustee” as used in this Article XI shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XI in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 8 contracts
Samples: Indenture (Guilford Pharmaceuticals Inc), Indenture (LTX-Credence Corp), Indenture (Credence Systems 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 15.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 16.04 and 14.7 16.06 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 7 contracts
Samples: Indenture (Midamerican Energy Co), Indenture (D & K Healthcare Resources Inc), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XI shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XI in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 11.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 6 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Hutchinson Technology 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Samples: Indenture (R H Donnelley Corp), Indenture (Reliant Resources Inc), Indenture (Cuc International 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Samples: Indenture (Prime Hospitality Corp), Indenture (Park Place Entertainment Corp), 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company 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 If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 6 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Kramont Realty Trust), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Samples: Indenture (Pogo Producing Co), Indenture (Pogo Producing Co), Indenture (Cross Timbers Oil 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Samples: Indenture (Anthem Inc), Indenture (American Greetings Corp), Indenture (Anthem 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Samples: Indenture (Santarus Inc), Indenture (Nuvelo Inc), Indenture Agreement (Geron Corporation)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 15.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 5 contracts
Samples: Indenture (Primus Guaranty LTD), Indenture (United States Surgical Corp), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp), Indenture (M&t Bank 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 12.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Indenture (Pentegra Dental Group Inc), Indenture (Affymetrix Inc), Indenture (Activision Inc /Ny)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Indenture (Safeco Corp), Subordinated Securities Agreement (Aqua America Inc), Indenture (Philadelphia Suburban 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 17.13 shall not apply to the Company Issuers or any Affiliate of the Company Issuers if the Company 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 If at any time any Paying Agent other than the Trustee shall have been appointed by the Company Trustee and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee. For the avoidance of doubt, provided, however, that Sections 14.5 and 14.7 shall not apply to neither the Company or nor any Affiliate of the Company if the Company or such Affiliate acts shall be permitted to serve as a Paying AgentAgent hereunder.
Appears in 4 contracts
Samples: Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Indenture (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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1211 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Subordinated Indenture (Trustreet Properties Inc), Second Supplemental Indenture (Sonic Automotive Inc), Indenture (Sinclair Broadcast Group 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agentpaying agent.
Appears in 4 contracts
Samples: Securities Purchase Agreement (System Software Associates Inc), Indenture (System Software Associates Inc), Indenture (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 Issuers and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.13 shall not apply to the Company Issuers or any Affiliate of the Company Issuers if the Company 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 If at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article 12 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 12 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Note Purchase Agreement (Providence Service Corp), Indenture (Providence Service Corp), Indenture (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 and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 4 contracts
Samples: Indenture (Wabash National Corp /De), Indenture (Qualicomm Financial Trust I), 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 under this Indenturehereunder, the term “Trustee” as used in this Article 12 shall in such case (unless the context shall content otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.09 shall not apply to the Company or any Affiliate of the Company if the Company 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.), Indenture (Wheeler Real Estate Investment Trust, 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.13 shall not apply to the Company Issuer or any Affiliate of the Company Issuer if the Company Issuer or such Affiliate one of its Affiliates acts as Paying Agentpaying agent.
Appears in 4 contracts
Samples: Subordinated Indenture (Enstar Finance LLC), Junior Subordinated Indenture (Enstar Group LTD), Subordinated Indenture (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 and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 5.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Rf Micro Devices Inc), Indenture (Invitrogen Corp), Indenture (Cymer 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 under this Indenturehereunder, the term “Trustee” as used in this Article XIV shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIV in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Senior Subordinated Indenture (United Rentals Realty, LLC), Senior Subordinated Indenture (Wynne Systems Inc), Indenture (United Rentals 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 13 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 13 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Interliant Inc), Indenture (Interliant Inc), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 11.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall contest otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, ; provided that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the this Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc), Indenture (Signature Resorts 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 1207 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.paying agent. ARTICLE THIRTEEN
Appears in 3 contracts
Samples: Indenture (Inacom Corp), Indenture (Vanstar Financing Trust), Indenture (Suiza Foods 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.10 shall not apply to the Company or any Affiliate of the Company its affiliates if the Company or such Affiliate affiliate acts as a Paying Agent.
Appears in 3 contracts
Samples: Perpetual Subordinated Indenture (Nomura Holdings Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless otherwise expressly stated or the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 14.10, 14.12 and 14.7 14.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Hancock Holding Co), Indenture (Hancock Holding Co), Indenture (Allegheny Technologies 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section -------- ------- 10.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 12.05 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 11.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Netease Com Inc), Indenture (Kaydon Corp), Indenture (Kaydon 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent paying agent within its meaning as fully for all intents and purposes as if the Paying Agent such paying agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 15.04, 15.05 and 14.7 15.06 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate it acts as Paying Agentpaying agent. The Trustee, by its execution of a counterpart of this Indenture, acknowledges and accepts its appointment as Trustee.
Appears in 3 contracts
Samples: Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/), Indenture (Bank of America 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 under this Indenturehereunder, the term “Trustee” as used in this Article 5 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 5 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (AMS Sales CORP), Indenture (American Medical Systems Holdings Inc), Indenture (Intel 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 SECTION 12.9 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1326 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Penske Automotive Group, Inc.), Exhibit (Sonic Automotive Clearwater 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 15.10 and 14.7 15.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Stillwater Mining Co /De/), Indenture (Patterson 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 under this Indenturehereunder, the term “Trustee” as used in this Article 5 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 5 in addition to or in place of the Trustee, ; provided, however, however that Sections 14.5 and 14.7 the first paragraph of Section 5.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Xilinx Inc), Indenture (Verisign Inc/Ca), Indenture (Microchip Technology 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 13.5 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Cypress Semiconductor Corp /De/), Indenture (Orbital Sciences Corp /De/), Indenture (Veritas Software 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.26 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1411 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Penske Automotive Group, Inc.), Exhibit (Sonic Automotive Clearwater 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIV shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIV in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Indenture (Ocean Energy Inc), Indenture (Ocean Energy Inc), Indenture (Flores & Rucks 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 under this Indenture, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1426 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: Subordinated Indenture (Trustreet Properties Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if 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: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 3 contracts
Samples: First Supplemental Indenture (Citizens Utilities Capital L P), First Supplemental Indenture (Citizens Utilities Capital L P), First Supplemental Indenture (Citizens Utilities Capital L P)
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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1413 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if the Company it or such Affiliate acts as Paying Agent.]
Appears in 2 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1413 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Subordinated Debt 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 4.9 and 14.7 4.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Dura Pharmaceuticals Inc/Ca), Indenture (Dura Pharmaceuticals Inc/Ca)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article VII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article VII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 7.12 shall not apply to the Company or any Affiliate of the Company if the Company 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 at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article 4 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 4 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 4.12 shall not apply to the Company or any Affiliate of the Company if the Company 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 Paying Agent other than the Trustee shall have been appointed by the Company and be then acting under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 10.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
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 under this Indenturethereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 2.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts any of them is acting as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Rogers Wireless Inc), Subordination 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Ten in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 10.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Interface Inc), Indenture (Telegroup 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, -------- however, that Sections 14.5 and 14.7 Section 12.9 shall not apply to the Company or any Affiliate of ------- ------------ the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Digital Island Inc), Indenture (Siebel 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 14 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 14 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 14.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Internet Capital Group Inc), Indenture (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 under this Indenturethe Base Indenture with respect to the Notes, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 4.05 and 14.7 4.07 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: First Supplemental Indenture (Synovus Financial Corp), First 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 Corporation and be then acting under this Indenture, the term “Trustee” as used in this Article Section 2.11 shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article Section 2.11 in addition to or in place of the Trustee, provided, however, that Sections 14.5 2.11.4 and 14.7 2.11.5 shall not apply to the Company Corporation or any Affiliate of the Company Corporation if the Company Corporation or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Fifth Supplemental Indenture (Brookfield Renewable Corp), Fifth Supplemental Indenture (Brookfield Renewable Partners L.P.)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 13.09 and 14.7 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Convertible Subordinated Notes Agreement (Rite Aid Corp), Convertible Subordinated Notes Agreement (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 under this Indenture, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.11 shall not apply to the Company Publishing or any Affiliate of the Company Publishing if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Hollinger International Publishing Inc), Indenture (Hollinger International 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.5 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “Trustee” as used in this Article 6 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Section in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 6.12 of this Supplemental Indenture shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Umb Financial Corp), First Supplemental Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article Twelve shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Twelve in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Golden Sky Systems Inc), Indenture (Blue Bird 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XIII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XIII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 the second and 14.7 third paragraphs of Section 13.11 shall not apply to the Company or any Affiliate Subsidiary of the Company if the Company it or such Affiliate Subsidiary acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 1213 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Subordinated Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease, 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Austin Funding Com Corp), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Marathon Oil 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 hereof shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 7.11 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Sixth Supplemental Indenture (Allstate Corp), Fifth Supplemental Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise require) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 1804 and 14.7 1806 shall not apply to the Company or any Affiliate of the Company if 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 and be then acting under this Indenturehereunder, the term “Trustee” as used in this Article 11 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.12 hereof shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Cit Group Inc), Indenture (Cit Group 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article 10 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 10 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 10.05 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “Trustee” as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 12.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 12.13 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (American Residential Services Inc), Indenture (Innovative Valve 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 under this Indenturehereunder, the term “Trustee” as used in this Article 12 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 12 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section 12.09 shall not apply to the Company or any Affiliate affiliate of the Company if the Company it or such Affiliate affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Symetra Financial CORP), Indenture (Symetra 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 under this Indenturehereunder, the term “Trustee” as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, provided, however, that Sections 14.5 and 14.7 this Section 1211 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)
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 under this Indenturehereunder, the term “Trustee” as used in this Article 11 shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article 11 in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 the first paragraph of Section 11.05 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (American Medical Systems Holdings Inc), Indenture (American Medical Systems Holdings 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 13.16 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Advanced Energy Industries Inc), Indenture (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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, provided, howeverHOWEVER, that Sections 14.5 and 14.7 Section 13.12 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Interim Services Inc), Indenture (Interim Services 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article XII shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article XII in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 12.8 and 14.7 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (MortgageIT Holdings, Inc.), Junior Subordinated Indenture (Windrose Medical Properties 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 under this Indenture, the term “"Trustee” " as used in this Article Eight shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Eight in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 8.11 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Eleven in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 11.9 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Cell Therapeutics Inc), Indenture Agreement (Protein Design Labs 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 under this Indenturehereunder, the term “Trustee” as used in this Article article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 this Section 14.09 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Xl Group PLC), Indenture (XL Group Ltd.)
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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article in addition to or in place of the Trustee, ; provided, however, that Sections 14.5 and 14.7 Section 16.12 shall not apply to the Company or any Affiliate of the Company if the Company 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 under this Indenturehereunder, the term “"Trustee” " as used in this Article shall in such case (unless the context shall otherwise requirerequires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if the such Paying Agent were named in this Article Fourteen in addition to or in place of the Trustee, provided, however, ; PROVIDED that Sections 14.5 and 14.7 Section 14.11 shall not apply to the Company or any Affiliate of the Company if the Company it or such Affiliate acts as Paying Agent.
Appears in 2 contracts
Samples: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)
