Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 50 contracts
Samples: Third Supplemental Indenture (Sally Beauty Holdings, Inc.), First Supplemental Indenture (Graphic Packaging Holding Co), Indenture (Avis Budget Group, Inc.)
Conflict with TIA. If any provision hereof of this Indenture limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision of the TIA shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision of the TIA shall be deemed (i) to apply to this Indenture as so modified or (ii) only to be the extent not so excluded, as the case may be.
Appears in 28 contracts
Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Supplemental Indenture, the latter provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Supplemental Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 23 contracts
Samples: Supplemental Indenture (MPLX Lp), Supplemental Indenture (MPLX Lp), Supplemental Indenture (MPLX Lp)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (ia) to apply to this Indenture as so modified or (iib) to be excluded, as the case may be.
Appears in 22 contracts
Samples: Indenture (Lyondell Chemical Co), Indenture (Lyondell Houston Refinery Inc.), Indenture (Lyondell Chemical Co)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall controlcontrol and all provisions required by the TIA are hereby incorporated by reference. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision provisions shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 18 contracts
Samples: Indenture (First Sierra Receivables Iii Inc), Indenture (American Business Financial Services Inc /De/), Indenture (Sequoia HELOC Trust 2004-1)
Conflict with TIA. If any provision hereof of this Supplemental Indenture limits, qualifies or conflicts with a provision of the TIA that is required under the TIA such Act to be a part of and govern this Supplemental Indenture, the latter provision provisions shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Supplemental Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 14 contracts
Samples: Supplemental Indenture (Sherwin Williams Co), Supplemental Indenture (Sherwin Williams Co), Eighth Supplemental Indenture (Sherwin Williams Co)
Conflict with TIA. If this Indenture is qualified under the TIA, and if any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision provisions shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 11 contracts
Samples: Indenture (Household Automobile Revolving Trust I), Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Conflict with TIA. If any provision hereof of this Supplemental Indenture limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Supplemental Indenture, the latter provision provisions shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Supplemental Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 9 contracts
Samples: Third Supplemental Indenture (Sherwin Williams Co), Fourth Supplemental Indenture (Sherwin Williams Co), Second Supplemental Indenture (Sherwin Williams Co)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a any mandatory provision of the TIA that is required under the TIA to be a part of and govern this Supplemental Indenture, the latter provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Supplemental Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 7 contracts
Samples: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co)
Conflict with TIA. If the Indenture is qualified under the TIA and any provision hereof limits, qualifies or conflicts with a another provision of the TIA hereof that is required to be included in the Indenture by any of the provisions of the TIA, such required provision shall control. If the Indenture is qualified under the TIA, the provisions of TIA to be §§ 310 through 317 that impose duties on any person (including the provisions automatically deemed included herein unless expressly excluded by the Indenture) are a part of and govern this the Indenture, the latter provision shall control. If any provision of this Indenture modifies whether or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may benot physically contained herein.
Appears in 6 contracts
Samples: Base Indenture Amendment (On Deck Capital, Inc.), Base Indenture (On Deck Capital, Inc.), Base Indenture (On Deck Capital Inc)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Supplemental Indenture, the latter provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Supplemental Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Graphic Packaging Holding Co), Supplemental Indenture (Sally Investment Holdings LLC), Supplemental Indenture (Sally Beauty Holdings, Inc.)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall controlcontrol and all provisions required by the TIA are hereby incorporated by reference. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, such provisions of the latter provision TIA shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 3 contracts
Samples: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the TIA that is provisions of the TIA, such required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 2 contracts
Samples: Indenture (Starwood Lodging Corp), Indenture (Starwood Lodging Trust)
Conflict with TIA. If any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall controlcontrol and all provisions required by the TIA are hereby incorporated by reference. If any provision of this Indenture Pooling Agreement modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision provisions shall be deemed (i) to apply to this Indenture Pooling Agreement as so modified or (ii) to be excluded, as the case may be.
Appears in 2 contracts
Samples: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/), Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/)
Conflict with TIA. If any provision hereof limits, qualifies or ----------------- conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall controlcontrol and all provisions required by the TIA are hereby incorporated by reference. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision provisions shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 1 contract
Conflict with TIA. If Except as otherwise expressly provided in this Indenture, if any provision hereof limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Hd Supply, Inc.)
Conflict with TIA. If any provision hereof of this Form of Indenture limits, qualifies or conflicts with a provision of the TIA that is required under the TIA to be a part of and govern this Form of Indenture, the latter provision of the TIA shall control. If any provision of this Form of Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the latter provision of the TIA shall be deemed (i) to apply to this Form of Indenture as so modified or (ii) only to be the extent not so excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Medallion Financial Corp)
