Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of the Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 3 contracts
Samples: Indenture (GHTV Inc), Baker J Inc, Village at Breckenridge Acquisition Corp Inc
Authorization to Effect Subordination. Each Holder of a Note Noteholder, by the Holder's ’s acceptance thereof thereof, authorizes and directs the Trustee on the Holder's such Xxxxxx’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holder's such Xxxxxx’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives holders of the any Designated Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the NotesNoteholders.
Appears in 2 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Authorization to Effect Subordination. Each Holder of a Note the Notes by the Holder's acceptance thereof authorizes and directs the Trustee on the Holdersuch Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1013, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of or any lender under the Senior Debt of the Company are Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the NotesNotes and the related Guarantees.
Appears in 2 contracts
Samples: Credit Agreement (Iamgold Corp), Ninth Amending Agreement (Iamgold Corp)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10XII, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.4 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a Representative of the Designated Senior Debt of the Company are Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders of the NotesNotes and the Trustee shall have no liability therefor.
Appears in 2 contracts
Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, IV and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 7.2 hereof at least 30 days before the expiration of the time to file such claim, the Representatives holders of the any Senior Debt Indebtedness of the Company or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: HNC Software Inc/De
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of the Designated Senior Debt of Debt, including debt under the Company Senior Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the Holdersuch Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holdersuch Xxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives Representative of the Designated Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Mail Well Inc)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holder's ’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file of such claim, the Representatives of the Designated Senior Debt of Debt, including the Company Credit Agent, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.9 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a Representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Synthetic Industries Inc
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.. SATISFACTION AND DISCHARGE
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on the such Holder's ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's ’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of the Designated Senior Debt of Debt, including debt under the Company Senior Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Duane Reade Inc
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives Representative(s) of the Designated Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Oshkosh Truck Corp)
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of the Designated Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the Holdersuch Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 105, and appoints the Trustee to act as the Holdersuch Xxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 8.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives holders of the any Designated Senior Debt of the Company Indebtedness are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Emcore Corp
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, either the Representatives Representative or the holders of the Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Air Rental Supply Inc)
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1010A, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.4 hereof at least 30 days before the expiration of the time to file such claim, the Representatives of the holders of the Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Horseshoe Gaming LLC
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file of such claim, the Representatives of the Designated Senior Debt of Debt, including debt under the Company Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Timco Engine Center Inc
Authorization to Effect Subordination. Each Holder of a Note by the Holder's acceptance thereof authorizes and directs the Trustee on the Holder's behalf to take such action as may be necessary or appropriate to acknowledge and effectuate the subordination as provided in this Article 1012, and appoints the Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives a Representative of the Designated Senior Debt of the Company are is hereby authorized to file an appropriate claim for and on behalf of the Holders of and the NotesTrustee shall have no liability therefor.
Appears in 1 contract
Samples: Twi Holdings Inc
Authorization to Effect Subordination. Each Holder of a Note Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on the Holdersuch Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as the Holdersuch Xxxxxx's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives Representative(s) of the Designated Senior Debt of the Company are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.
Appears in 1 contract
Samples: Indenture (Luiginos Inc)