Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 5 contracts

Samples: Indenture (School Specialty Inc), Indenture (School Specialty Inc), Indenture (Cke Restaurants Inc)

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Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, Four 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 the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 5 contracts

Samples: Indenture (International Rectifier Corp /De/), Lease Agreement (Getty Images Inc), Indenture (Getty Images Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11XI, 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 such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 5 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (Credence Systems Corp)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Note, by the holder's acceptance thereof thereof, authorizes and directs the Trustee on the holder's Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, and appoints the Trustee to act as the holder's 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 6.09 504 of the Base Indenture hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesHolders.

Appears in 4 contracts

Samples: First Supplemental Indenture (Park National Corp /Oh/), First Supplemental Indenture (Enterprise Financial Services Corp), First Supplemental Indenture (First Interstate Bancsystem Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 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 the third paragraph of Section 6.09 7.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 4 contracts

Samples: Indenture (Cymer Inc), Indenture (Iomega Corp), Indenture (Iomega Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 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 holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 3 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note the Notes by the holder's Holder’s acceptance thereof authorizes and directs the each Trustee on the holder's such Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1113, and appoints the each Trustee to act as the holder's Holder’s attorney-in-fact for any and all such purposes. If the a 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 holders of Representatives or any lender under the Senior Debt or their Representatives are Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notesthe Notes and the related Guarantees.

Appears in 3 contracts

Samples: Indenture (Iamgold Corp), Credit Agreement (Iamgold Corp), Indenture (Iamgold Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note Security 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 11, X and appoints the Trustee to act as the holder's ’s attorney-in-fact for any and all such purposes. If Subject to the Intercreditor Agreement, 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 5.4 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesSecurities.

Appears in 3 contracts

Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holdersuch 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 holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 3 contracts

Samples: Indenture (Baker J Inc), Indenture (Village at Breckenridge Acquisition Corp Inc), Indenture (GHTV Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 116, 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 6.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Indenture (P Com Inc), Indenture (P Com Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, Four 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 the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Indenture (Kulicke & Soffa Industries Inc), Indenture (Kulicke & Soffa Industries Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11XI, 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11XII, and appoints the Trustee to act as the holderHolder'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 holders a Representative of any Designated Senior Debt or their Representatives are Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated NotesNotes and the Trustee shall have no liability therefor.

Appears in 2 contracts

Samples: Indenture (Mmi Products Inc), Indenture (Mmi Products Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11X (including, without limitation, by executing the Priority Agreement or a deed of accession thereto (as required by the terms of the Priority Agreement) on behalf of the Holders), 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 6.12 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Indenture (LTX Corp), Indenture (Globespan Inc/De)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holdersuch Holder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11ARTICLE XIII, and appoints the Trustee to act as the holderHolder'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 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 2 contracts

Samples: Indenture (Synaptics Inc), Indenture (Cray Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note Noteholder, by the holder's Holder’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 1110, 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 holders of any Designated Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesNoteholders.

Appears in 2 contracts

Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Authorization to Effect Subordination. Each holder Holder of a Convertible the Senior Subordinated Note Notes by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holderHolder'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 holders Representatives of any the Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible such Senior Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Plainwell Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, XI 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 such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Guilford Pharmaceuticals Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Securities, by the holderHolder's acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1113, and appoints the Trustee to act as the holdersuch Holder's attorney-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 6.09 504 hereof at least 30 days before the expiration of the time to file such claim, a Representative of the holders of any Senior Debt or their Representatives are is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated NotesSecurities.

Appears in 1 contract

Samples: Indenture (Concentric Network Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11XI, 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Hutchinson Technology Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11XI, and appoints the Trustee to act as the holder's attorney-in-fact for any and all such purposes. If the Trustee does not 57 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Amkor Technology Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note Security by the such 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 11XII, 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 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesSecurities.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1112, and appoints the Trustee to act as the holderHolder'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 holders a representative of any Designated Senior Debt or their Representatives are is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Duane Reade Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Notes, by the holder's Holder’s acceptance thereof thereof, authorizes and directs the Trustee on the holder's such Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holder's 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, claim the holders of any the Senior Debt of the Company or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (BRP (Luxembourg) 4 S.a.r.l.)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, IV and appoints the Trustee to act as the holderHolder'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 holders of 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 Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (HNC Software Inc/De)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, IV 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 the second paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Obligations or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Notes, by the holder's Holder’s acceptance thereof thereof, authorizes and directs the Trustee on the holder's such Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holder's 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Fti Consulting Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Obligations or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 and appoints the Trustee to act as the holderHolder'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 the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt and Senior Subordinated Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Debentures, by the holderHolder's acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holdersuch 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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated NotesDebentures.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Note, by the holder's acceptance thereof thereof, authorizes and directs the Trustee on the holder's Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, and appoints the Trustee to act as the holder's 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 6.09 504 of the Base Indenture hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives Representative are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesHolders.

Appears in 1 contract

Samples: First Supplemental Indenture (Premier Financial Corp)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, 16 and appoints the Trustee to act as the holderHolder'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 16.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Compudyne Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note by the holder's holder"s acceptance thereof authorizes and directs the Trustee on the holder's holder"s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, Four 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 the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Imclone Systems Inc/De)

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Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holder's Holder’s acceptance thereof authorizes and directs the Trustee on the holder's such Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holder's 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 holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110A, and appoints the Trustee to act as the holderHolder'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 any the Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Horseshoe Gaming LLC)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Lifepoint Hospitals, Inc.)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holderHolder'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 Representative or the holders of any the Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Air Rental Supply Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holdersuch 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 holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.. SATISFACTION AND DISCHARGE

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Notes, by the holderHolder's acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11X, and appoints the Trustee to act as the holdersuch 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 holders of any Designated Senior Debt (or their Representatives Representative) are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Nortek Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1112, and appoints the Trustee to act as the holderHolder'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 holders Representatives of any the Designated Senior Debt or their Representatives Debt, including debt under the Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Timco Engine Center Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11XI, 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 such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Credence Systems Corp)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note the Notes by the holderHolder's acceptance thereof authorizes and directs the eachthe Trustee on the holdersuch Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1113, and appoints the eachthe Trustee to act as the holderHolder's attorney-in-fact for any and all such purposes. If the athe 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 holders of Representatives or any lender under the Senior Debt or their Representatives are Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notesthe Notes and the related Guarantees.

Appears in 1 contract

Samples: Fifth Amending Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Debenture by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, 13 and appoints the Trustee to act as the holderHolder'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 4.09 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated NotesHolders.

Appears in 1 contract

Samples: Indenture (Dov Pharmaceutical Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 1115, 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 holders of any Senior Debt Indebtedness (or their Representatives Representatives), are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Standard Management Corp)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the third paragraph of Section 6.09 7.02 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Kulicke & Soffa Industries Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated 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 11, 4 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 the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Lifepoint Hospitals, Inc.)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, XII and appoints the Trustee to act as the holderHolder'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 12.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Kroll Inc)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note Note, by the holder's its acceptance thereof 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 11, Four 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 the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Brocade Communications Systems Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holder's Holder’s acceptance thereof authorizes and directs the Trustee on the holder's Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holder's 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 holders Representatives of any the Designated Senior Debt or their Representatives Debt, including the Credit Agent, are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)

Authorization to Effect Subordination. Each holder of a ------------------------------------- Convertible Subordinated 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 11, and appoints the Trustee to act as the holder's attorney-in-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 holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Leasing Solutions Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note Notes by the holder's Holder’s acceptance thereof authorizes and directs the Trustee or any Agent on the holder's Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 11, 6 and appoints the Trustee to act as the holder's 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 6.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Secured Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Iconix Brand Group, Inc.)

Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note Note, by the holder's its acceptance thereof 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 11, 4 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 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Authorization to Effect Subordination. Each holder Holder of a Convertible Subordinated Note by the holderHolder's acceptance thereof authorizes and directs the Trustee on the holderHolder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1110, and appoints the Trustee to act as the holderHolder'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 holders a Representative of any Designated Senior Debt or their Representatives are is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Synthetic Industries Inc)

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