Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 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 Securities.

Appears in 5 contracts

Samples: Indenture (Sigma Designs Inc), Indenture (Northfield Laboratories Inc /De/), Indenture (NPS Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Authorization to Effect Subordination. Each Holder of a Security 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 15 V 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 5.4 5.3 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 of the Securities.

Appears in 4 contracts

Samples: Indenture (Valeant Pharmaceuticals International, Inc.), Indenture (Valeant Pharmaceuticals International), Indenture (Ask Jeeves Inc)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Thirteen 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 5.4 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 4 contracts

Samples: Indenture (Orbital Sciences Corp /De/), Indenture (Cypress Semiconductor Corp /De/), Indenture (Vantive Corp)

Authorization to Effect Subordination. Each Holder of a Security Holder, by the holder's acceptance thereof of such Holder’s Securities, authorizes and directs the Trustee on the holder's such person’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 15 12 and appoints the Trustee to act as the holder's such person’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 5.4 hereof 12.03 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 its representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the SecuritiesHolders.

Appears in 4 contracts

Samples: Indenture (Belden CDT Inc.), Indenture (Cable Design Technologies Corp), Indenture (Belden CDT Inc.)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 5.3 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 of the Securities.

Appears in 3 contracts

Samples: Indenture (Willbros Group Inc), Indenture (Black Hills Corp /Sd/), Indenture (Black Hills Holding Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Fifteen 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 5.4 503 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 Securities.

Appears in 3 contracts

Samples: Indenture (Quantum Corp /De/), Indenture (Quantum Corp /De/), Reimbursement Agreement (Maxtor Corp)

Authorization to Effect Subordination. Each Holder holder of a Security 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 15 16 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 5.4 5.02 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 holders of the Securities.

Appears in 2 contracts

Samples: Indenture (Commscope Inc), Indenture (Andrew Corp)

Authorization to Effect Subordination. Each Holder holder of a Security 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 15 X, 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 5.4 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 2 contracts

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

Authorization to Effect Subordination. Each Holder of a Security 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 15 10 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 5.4 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 2 contracts

Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 503 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 Securities.

Appears in 2 contracts

Samples: Indenture (Solectron Corp), Indenture (Solectron Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 503 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 Securities.

Appears in 2 contracts

Samples: Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Thirteen 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 5.4 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness of the Issuer or their representatives Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 2 contracts

Samples: Indenture (Wind River Systems Inc), Indenture (Atmel Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Thirteen, 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 5.4 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 Securities.

Appears in 2 contracts

Samples: Indenture (Cihc Inc), Second Senior Indenture (Cihc Inc)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 503 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 Securities.

Appears in 1 contract

Samples: Indenture (Cypress Semiconductor Corp /De/)

Authorization to Effect Subordination. Each Holder of a Security 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 15 5 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 5.4 8.9 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 Securities.

Appears in 1 contract

Samples: Indenture (Emulex Corp /De/)

Authorization to Effect Subordination. Each Holder holder of a Security by the holder's acceptance thereof Security, whether upon original issue or upon transfer, assignment or exchange 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 15 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 5.4 hereof 6.9 of the Indenture at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Parent Senior Debt Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Securities.

Appears in 1 contract

Samples: First Supplemental Indenture (Scios Inc)

Authorization to Effect Subordination. Each Holder of a Security 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 15 5 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 5.4 5.3 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (Cymer Inc)

Authorization to Effect Subordination. Each Holder of a Security and any related Guarantee 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 15 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 5.4 hereof 6.3 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 SecuritiesSecurities and any related Guarantee.

Appears in 1 contract

Samples: Indenture (Daron Coal Company, LLC)

AutoNDA by SimpleDocs

Authorization to Effect Subordination. Each Holder of a Security 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 15 XI, 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 5.4 SECTION 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders Holders of any Senior Debt Secured Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (Medis Technologies LTD)

Authorization to Effect Subordination. Each Holder of a Security Securityholder, 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 15 5, 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 5.4 8.9 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 Indebtedness are hereby authorized to file an appropriate claim for and on behalf of the Holders of the SecuritiesSecurityholders.

Appears in 1 contract

Samples: Indenture (Cubist Pharmaceuticals Inc)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Fourteen 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 5.4 4.2 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 Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Tyco International LTD /Ber/)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 5.3 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 of the Securities.

Appears in 1 contract

Samples: Indenture (Chapman Construction Co., L.P.)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Fifteen 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 5.4 4.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Guarantor Senior Debt Indebtedness or their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Tyco International LTD /Ber/)

Authorization to Effect Subordination. Each Holder of a Security Securities 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 15 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 5.4 16.09] 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 of the SecuritiesSecurities and the related Guarantees.

Appears in 1 contract

Samples: Credit Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of a Security 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 15 Twelve 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 5.4 4.2 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 Securities.

Appears in 1 contract

Samples: Subordinated Indenture (Tyco International LTD /Ber/)

Authorization to Effect Subordination. Each Holder of a Security by the holder's such 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 15 ARTICLE XIII, 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 5.4 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 are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Securities.

Appears in 1 contract

Samples: Indenture (CTS Corp)

Authorization to Effect Subordination. Each Holder holder of a Security 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 15 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 5.4 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesConvertible Subordinated Notes.

Appears in 1 contract

Samples: Indenture (Praegitzer Industries Trust I)

Authorization to Effect Subordination. Each Holder holder of a Security 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 15 VI, 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 5.4 6.02 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 Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the SecuritiesNotes.

Appears in 1 contract

Samples: Indenture (Midcom Communications Inc)

Authorization to Effect Subordination. Each Holder of a Security 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 15 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 5.4 5.3 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 of the Securities.

Appears in 1 contract

Samples: Indenture (Waddell & Reed Capital Trust I)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!