Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 77 contracts
Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp), Junior Subordinated Indenture (New York Mortgage Trust Inc)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * *
Appears in 20 contracts
Samples: Junior Subordinated Indenture (MortgageIT Holdings, Inc.), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 the Company shall not apply be permitted to the Company appoint itself or any Affiliate of the Company if the Company or such Affiliate acts as a Paying AgentAgent hereunder. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 13 contracts
Samples: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Junior Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (Beazer Homes Usa Inc)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * *
Appears in 13 contracts
Samples: Junior Subordinated Indenture (Capital City Bank Group Inc), Junior Subordinated Indenture (Bluegreen Corp), Junior Subordinated Indenture (Mercantile Bank Corp)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Georgia Bancshares Inc//), Junior Subordinated Indenture (Coastal Bancorp Inc), Junior Subordinated Indenture (State National Bancshares, Inc.)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Capstead Mortgage Corp), Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)
Article Applicable to Paying Agents. 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, that Sections 12.8 Sections12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Lakeland Bancorp Inc), Trust Agreement (Green Bankshares, Inc.), Junior Subordinated Indenture (Hudson United Bancorp)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. ****
Appears in 3 contracts
Samples: Junior Subordinated Indenture (United Community Bancorp), Junior Subordinated Indenture (United Community Bancorp), Trust Agreement (Hanmi Financial Corp)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 3 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, -------- however, that Sections 12.8 and 12.11 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. ==================== This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals North America Inc)
Article Applicable to Paying Agents. If 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 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, provided however, that Sections 12.8 14.8 and 12.11 14.11 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. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Group LTD)
Article Applicable to Paying Agents. 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” "TRUSTEE" as used in this Article 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 ARTICLE XII in addition to or in place of the Trustee; providedPROVIDED, that Sections SECTIONS 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 the Trustee shall not apply to appoint the Company or any Affiliate affiliate of the Company if the Company or such Affiliate acts as Paying AgentAgent hereunder. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Newcastle Investment Corp), Junior Subordinated Indenture (JER Investors Trust Inc)
Article Applicable to Paying Agents. If 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 Sections 12.8 and 12.11 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. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Pmi Group Inc), Junior Subordinated Indenture (Pmi Capital I)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 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. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 2 contracts
Samples: Junior Subordinated Supplemental Indenture (BRT Realty Trust), Junior Subordinated Indenture (BRT Realty Trust)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * * 66
Appears in 2 contracts
Samples: Junior Subordinated Indenture (United Bancorp Inc /Oh/), Trust Agreement (FNB Financial Services Corp)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 the Company shall not apply be permitted to the Company appoint itself or any Affiliate of the Company if the Company or such Affiliate acts as a Paying AgentAgent hereunder. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * *
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc), Junior Subordinated Indenture (Capital Lease Funding Inc)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. ---------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. 117
Appears in 2 contracts
Samples: Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * * 66
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Tower Group, Inc.)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 the Company shall not apply be permitted to the Company appoint itself or any Affiliate of the Company if the Company or such Affiliate acts as a Paying AgentAgent hereunder. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Bresler & Reiner Inc)
Article Applicable to Paying Agents. If 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 Sections 12.8 and 12.11 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. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. ::ODMA\PCDOCS\ATL\824305\3
Appears in 1 contract
Samples: Junior Subordinated Indenture (Arrow Financial Corp)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Deerfield Triarc Capital Corp)
Article Applicable to Paying Agents. If 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 Sections 12.8 and 12.11 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. ******* This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Indenture (Xtra Missouri Inc)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as a Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * * Exhibit D
Appears in 1 contract
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. **** Exhibit D
Appears in 1 contract
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. This instrument Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Indenture (NBH Holdings Co Inc)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. ================================ This instrument Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Article Applicable to Paying Agents. (a) 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, that Sections 12.8 and 12.11 the Company shall not apply be permitted to the Company appoint itself or any Affiliate of the Company if the Company or such Affiliate acts as a Paying AgentAgent hereunder. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc)
Article Applicable to Paying Agents. 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, provided that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Gramercy Capital Corp)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. ====================== This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Indenture (Wyne Systems Inc)
Article Applicable to Paying Agents. 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, that Sections 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * * EXHIBIT D
Appears in 1 contract
Article Applicable to Paying Agents. If In case at any time any Paying Agent paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term “Trustee” as used in this Article XII 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 XII in addition to or in place of the Trustee; provided, however, that Sections 12.8 16.09 and 12.11 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. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Article Applicable to Paying Agents. 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, that Sections 12.8 14.8 and 12.11 14.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Appears in 1 contract
Samples: Junior Subordinated Indenture (MRM Capital Trust Iii)
Article Applicable to Paying Agents. If 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 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 XII XIV in addition to or in place of the Trustee; provided, however, that Sections 12.8 and 12.11 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. ----------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
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Article Applicable to Paying Agents. 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 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 ARTICLE XII in addition to or in place of the Trustee; provided, that Sections SECTIONS 12.8 and 12.11 shall not apply to the Company or any Affiliate of the Company if the Company or such Affiliate acts as Paying Agent. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.. * * * * 66
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Samples: Junior Subordinated Indenture (Uici)
