Common use of Conflict of Any Provision of Indenture with Trust Indenture Act of 1939 Clause in Contracts

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.

Appears in 48 contracts

Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Finance Co B.V.), Supplemental Indenture (Safeway Stores 42, Inc.)

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Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "incorporated provision") included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 39 contracts

Samples: Indenture (Scottish Annuity & Life Holdings LTD), Indenture (Pxre Capital Trust Iv), Indenture (Scottish Annuity & Life Holdings LTD)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an “incorporated provision”) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 36 contracts

Samples: Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC), Indenture (AXIS Specialty Finance LLC)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an "incorporated provision"), such incorporated provision shall control.

Appears in 28 contracts

Samples: Indenture (Home Depot Inc), Indenture (Dennys Holdings Inc), Indenture (General Mills Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 28 contracts

Samples: Indenture (Kellanova), Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated provision shall control.

Appears in 15 contracts

Samples: Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC), Indenture (Par Technology Corp)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If this Indenture has been qualified under the Trust Indenture Act with respect to a particular Series of Securities, and to the extent that any provision of this Indenture Indenture, with respect to said Series of Securities, limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)Act, such incorporated required provision shall controlcontrol with respect to such Series of Securities.

Appears in 7 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 7 contracts

Samples: Senior Indenture (Triton Energy LTD), Triton Energy Corp, Hovnanian Enterprises Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, or is deemed applicable to this Indenture by virtue of the provisions, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 7 contracts

Samples: Indenture (Service Corporation International), Hovnanian Enterprises Inc, Seagull Energy Corp

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.

Appears in 6 contracts

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

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”"INCORPORATED PROVISION"), such incorporated provision shall control.

Appears in 5 contracts

Samples: Indenture (Vitro Sa De Cv), Indenture (Vencor Inc), Home Depot Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections §§ 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.

Appears in 4 contracts

Samples: Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provisionIncorporated Provision”), such incorporated provision Incorporated Provision shall control.

Appears in 4 contracts

Samples: Senior Indenture (Orix Corp), Indenture (Orix Corp), Orix Corp

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Fourth Supplemental Indenture limits, qualifies or conflicts with another provision included in this Fourth Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (Elsevier Nv /), Fourth Supplemental Indenture (Reed Elsevier Capital Inc), Fourth Supplemental Indenture (Owens Illinois Inc /De/)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture hereof limits, qualifies or conflicts with another provision included in this Indenture the duties imposed by operation any of Sections 310 to through 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)or with another provision hereof which is required to be included by any of Section 310 through 317, inclusive, or by operation of Section 318(c) thereof, such incorporated duties and required provision shall controlcontrol except as, and to the extent, such provision is expressly excluded from this Indenture, as permitted by the Trust Indenture Act of 1939.

Appears in 4 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), McMoran Exploration Co /De/, McMoran Exploration Co /De/

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections Section 310 to Section 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”"INCORPORATED PROVISION"), such incorporated provision shall control.

Appears in 4 contracts

Samples: Williams Communications Group Inc, Williams Communications Group Inc, Williams Communications Group Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by or with another provision (an "incorporated provision") included in this Indenture by operation of Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 3 contracts

Samples: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture hereof limits, qualifies or conflicts with another provision included in this Indenture the duties imposed by operation any of Sections 310 to through 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)or with another provision hereof which is required to be included by any of Section 310 through 317, inclusive, by operation of Section 318(c) thereof, such incorporated duties and required provision shall controlcontrol except as, and to the extent, such provision is expressly excluded from this Indenture, as permitted by the Trust Indenture Act of 1939.

Appears in 3 contracts

Samples: Freeport McMoran Copper & Gold Inc, Freeport McMoran Copper & Gold Inc, Freeport McMoran Copper & Gold Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 3 contracts

Samples: Indenture (Congoleum Corp), Indenture (American Biltrite Inc), Indenture (Trans World Gaming Corp)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties required or deemed to be included by, or with another provision (an “incorporated provision”) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such required or deemed to be included duties or incorporated provision shall control.

Appears in 2 contracts

Samples: Indenture (Greenlight Capital Re, Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.

Appears in 2 contracts

Samples: Indenture (Astrazeneca PLC), Astrazeneca PLC

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.. SIGNATURES

Appears in 2 contracts

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

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections § § 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.

Appears in 2 contracts

Samples: Indenture (TGT Pipeline LLC), TGT Pipeline LLC

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated required provision shall control.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Golden Books Family Entertainment Inc), Mail Well Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this the Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 2 contracts

Samples: Interpublic Group of Companies, Inc., Interpublic Group of Companies, Inc.

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Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this First Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 2 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included incorporated in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated provision shall control.

Appears in 2 contracts

Samples: Indenture (Loop Media, Inc.), Formfactor Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another any provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)in this Indenture pursuant to Section 7.02, such incorporated provision shall control.

Appears in 2 contracts

Samples: Canadian Solar Inc., Indenture (Canadian Solar Inc.)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Seventh Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (Diamond Offshore Drilling Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Eighth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 1 contract

Samples: Eighth Supplemental Indenture (Diamond Offshore Drilling Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision (an "incorporated provision") included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)TIA, such incorporated provision shall control.

Appears in 1 contract

Samples: Chancellor Media Corp/

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "incorporated provision" included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 1 contract

Samples: Indenture (Tenneco Packaging Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an incorporated provision ) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 1 contract

Samples: Indenture (Morgan Stanley Capital Trust VIII)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Ninth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 1 contract

Samples: Supplemental Indenture (Diamond Offshore Drilling, Inc.)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Sixth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.

Appears in 1 contract

Samples: Supplemental Indenture (Diamond Offshore Drilling Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Fourth Supplemental Indenture limits, qualifies or conflicts with another provision included in this Fourth Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections Section 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Unisys Corp)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.

Appears in 1 contract

Samples: Hovnanian Enterprises Inc

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 3l0 to 3173l7, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 1 contract

Samples: York International Corp /De/

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Base Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.

Appears in 1 contract

Samples: Supplemental Indenture (Hovnanian Enterprises Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture (or any provision of the terms of a series of Securities) limits, qualifies or conflicts with another provision included in this Indenture which is required to be included in this Indenture by operation any of Sections sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.

Appears in 1 contract

Samples: Indenture (Consolidated Edison Co of New York Inc)

Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by or with another provision (an “incorporated provision”) included in this Indenture by operation of Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.

Appears in 1 contract

Samples: Indenture (Murphy Oil Corp /De)

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