Common use of Article Applicable to Paying Agents Clause in Contracts

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent.

Appears in 18 contracts

Samples: Senior Subordinated Indenture (Hovnanian Enterprises Inc), Senior Subordinated Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

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Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire otherwise) 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 13.07 and 13.7 13.08 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 12 contracts

Samples: Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Junior Subordinated Indenture (Pxre Capital Trust Iv), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire otherwise) 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 13.7 and 13.7 13.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 9 contracts

Samples: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Williams Holdings of Delaware Inc), Subordinated Indenture (Conagra Foods 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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire not otherwise) 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 7.7 and 13.7 7.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 8 contracts

Samples: Fifth Supplemental Indenture (TransCanada Trust), Fifth Supplemental Indenture (Transcanada Pipelines LTD), Third Supplemental Indenture (TransCanada Trust)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire not otherwise) 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 4.7 and 13.7 4.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 6 contracts

Samples: Trust Indenture (Emera Inc), Trust Indenture (Emera Inc), Trust Indenture (TransCanada Trust)

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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen XI 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 Thirteen XI in addition to or in place of the Trustee; provided, however, that Sections 13.5 Section 11.06, Section 11.10 and 13.7 Section 11.12 shall not apply to the Issuer if it acts as paying agentPaying Agent.

Appears in 4 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire otherwise) 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 13.07 and 13.7 13.08 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Junior Subordinated Indenture (Morgan Stanley Capital Trust XI), Subordinated Indenture (E Trade Financial Corp)

Article Applicable to Paying Agents. In case at any time any paying agent other than the a Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire not otherwise) 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 Thirteen in addition to or in place of the applicable Trustee; provided, however, that Sections 13.5 6.7 and 13.7 6.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Algonquin Power & Utilities Corp.), First Supplemental Indenture (Algonquin Power & Utilities Corp.), First Supplemental Indenture (Algonquin Power & Utilities Corp.)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent.

Appears in 3 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises 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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 12 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 Thirteen 12 in addition to or in place of the Trustee; provided, however, that Sections 13.5 12.6, 12.10 and 13.7 12.12 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Group Inc), Indenture (Commonwealth Telephone Enterprises Inc /New/)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire otherwise) 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 14.07 and 13.7 14.08 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 2 contracts

Samples: Share Repurchase Agreement (American International Group Inc), Junior Subordinated Indenture (AerCap Global Aviation Trust)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen Fifteen 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 Thirteen Fifteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 15.5 and 13.7 15.7 shall not apply to the Issuer Company if it acts as paying agent.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Adelphia Communications 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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen Fourteen 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent.in

Appears in 1 contract

Samples: Subordinated Indenture (Service Corporation International)

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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 10 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 Thirteen 10 in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent.this

Appears in 1 contract

Samples: Subordinated Indenture (Sirius International Insurance 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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire not otherwise) 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 7.7 and 13.7 7.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (TransCanada Trust)

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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 13 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 Thirteen 13 in addition to or in place of the Trustee; provided, however, that Sections 13.5 13.06, 13.10 and 13.7 13.12 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Ikon Office Solutions 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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 12 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 Thirteen 12 in addition to or in place of the Trustee; provided, however, that Sections 13.5 12.06, 12.10 and 13.7 12.12 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Metromedia Fiber Network Inc)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire not otherwise) 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 13.7 and 13.7 13.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Transcanada Pipelines LTD)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article Thirteen XV 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 Thirteen Fifteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 15.5 and 13.7 15.7 above shall not apply to the Issuer Company if it acts as paying agent.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Kforce Inc)

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Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen shall in such case (unless the context shall otherwise requirerequire otherwise) 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 ‎Section 13.07 and 13.7 ‎Section 13.08 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 1 contract

Samples: Subordinated Indenture (Bbva Compass Bancshares, 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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 10.7, 10.8, and 13.7 10.10 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Levitt 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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 13 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 Paying Agent were named in this Article Thirteen 13 in addition to or in place of the Trustee; providedPROVIDED, howeverHOWEVER, that Sections 13.5 13.05 and 13.7 13.07 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Subordinated Indenture (Forest Oil Corp)

Article Applicable to Paying Agents. In case at any time any paying agent other than the Trustee shall have been appointed by the Issuer Issuers and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer Issuers if it acts the Issuers act as paying agent.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Triton Energy Corp)

Article Applicable to Paying Agents. In case at any time any ----------------------------------- paying agent other than the Trustee shall have been appointed by the Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 such paying agent were named in this Article Thirteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 10.7 and 13.7 10.8 shall not apply to the Issuer if it acts as its own paying agent.

Appears in 1 contract

Samples: Indenture (C Cor Net 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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen XI 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 Thirteen XI in addition to or in place of the Trustee; provided, however, that Sections 13.5 Section 11.06, Section 11.10 and 13.7 Section 11.12 hereof shall not apply to the Issuer if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Cemex Sab De Cv)

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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen XIV 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 Paying Agent were named in this Article Thirteen XIV in addition to or in place of the Trustee; provided, however, that Sections 13.5 14.5 and 13.7 14.7 shall not apply to the Issuer if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Service Corporation International)

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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen Fourteen 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 Thirteen Fourteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent. ARTICLE FIFTEEN REPAYMENT AT THE OPTION OF HOLDERS SECTION 15.01.

Appears in 1 contract

Samples: Indenture (First Chicago NBD Capital Iv)

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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen Fourteen 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 Paying Agent were named in this Article Thirteen Fourteen in addition to or in place of the Trustee; provided, however, that Sections 13.5 14.5 and 13.7 14.7 shall not apply to the Issuer if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Subordinated Indenture (Service Corporation International)

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 Issuer and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 10 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 Thirteen 10 in addition to or in place of the Trustee; provided, however, that Sections 13.5 and 13.7 shall not apply to the Issuer if it acts as paying agent.

Appears in 1 contract

Samples: Indenture (Archivex LTD)

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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 11 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 Thirteen 11 in addition to or in place of the Trustee; provided, however, that Sections 13.5 11.6, 11.10 and 13.7 11.12 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee 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 Issuer Company and be then acting hereunder, the term "Trustee" as used in this Article Thirteen 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 Thirteen in addition to or in place of the Trustee; , provided, however, that Sections 13.5 10.7, 10.8, and 13.7 10.10 shall not apply to the Issuer Company if it acts as paying agentPaying Agent.

Appears in 1 contract

Samples: Indenture (Levitt Corp)

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