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 (GasLog Partners LP), Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD)

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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 40 contracts

Samples: Senior Subordinated Indenture (Hawaiian Electric Industries Inc), Subordinated Debt Indenture (Kaufman & Broad Home Corp), Subordinated 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: Junior Subordinated Indenture (Axis Capital Holdings LTD), Junior Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated 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 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"), such incorporated provision shall control.

Appears in 28 contracts

Samples: Indenture (Home Depot Inc), Indenture (Zd Inc), Indenture (Cardinal Health 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”)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 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 Subordinated Indenture (Hovnanian Enterprises Inc), Senior Subordinated Indenture (Seagull Energy Corp), Senior Subordinated 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 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 Subordinated Indenture (Triton Energy LTD), Senior Indenture (Hovnanian Enterprises Inc), Senior Indenture (Triton 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: Indenture (Hovnanian Enterprises Inc), 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”"INCORPORATED PROVISION"), such incorporated provision shall control.

Appears in 5 contracts

Samples: Indenture (Vencor Inc), Indenture (Vitro Sa De Cv), Indenture (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 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: Subordinated Indenture (McMoran Exploration Co /De/), Senior Indenture (McMoran Exploration Co /De/), Senior Indenture (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 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 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 (Owens Illinois Inc /De/), Fourth Supplemental Indenture (Reed Elsevier Capital Inc), Fourth Supplemental Indenture (Owens Illinois 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 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: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc), Indenture (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 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), Senior Indenture (Orix Corp), Senior Indenture (Orix 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 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 a provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)which is required under such Act to be a part of and govern this Indenture, such incorporated the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act of 1939 which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 3 contracts

Samples: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp), Senior Indenture (Williams Holdings of Delaware Inc)

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: Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (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 (Trans World Gaming Corp), Indenture (American Biltrite Inc), Indenture (Congoleum 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 3 contracts

Samples: First Supplemental Indenture (Hovnanian Enterprises Inc), Seventh Supplemental Indenture (Hovnanian Enterprises Inc), Senior Notes 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 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: First Supplemental Indenture (Qimonda Finance LLC), First Supplemental 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 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), Indenture (Astrazeneca PLC)

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: First Supplemental Indenture (Interpublic Group of Companies, Inc.), Second Supplemental Indenture (Interpublic Group of Companies, 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 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.), Indenture (Formfactor 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 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), Indenture (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 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: Subordinated 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 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: Indenture (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 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: Supplemental Indenture (Golden Books Family Entertainment Inc), Supplemental Indenture (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 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: Convertible Subordinated Indenture (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 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)

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 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: Subordinated Indenture (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 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 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 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 extend 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 1 contract

Samples: First Supplemental Indenture (Interpublic Group of Companies Inc)

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: First 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 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: Junior Subordinated 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 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)

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