Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 78 contracts
Samples: Florida Power & Light Co, Entergy Mississippi Inc, Indenture (National Fuel Gas Co)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if . If any provision hereof otherwise conflicts with the Trust of this Indenture Act, modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall controlbe deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 75 contracts
Samples: Cousins Properties LP, Indenture (Columbia Property Trust Operating Partnership, L.P.), Indenture (Piedmont Operating Partnership, LP)
Conflict with Trust Indenture Act. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed the duties imposed by Sections 310 to be included in this Indenture by317, or is otherwise governed byinclusive, any of the provisions of the Trust Indenture Act, such other provision imposed duties shall control; and if . If any provision hereof otherwise conflicts with the Trust of this Indenture Act, modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall controlbe deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 51 contracts
Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings), Indenture (Blackstone Mortgage Trust, Inc.)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required or deemed provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 40 contracts
Samples: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.), Indenture (Arch Capital Group Ltd.)
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions provision of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 31 contracts
Samples: First Mortgage Indenture (South Jersey Industries Inc), Indenture (Cleco Corporate Holdings LLC), SOUTH JERSEY GAS Co
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another a provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that is required to be a part of and govern this Indenture, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 18 contracts
Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH), Subordinated Note Indenture (AGCO International GmbH)
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall controlcontrol unless otherwise provided as contemplated by Section 301 with respect to any series of Securities.
Appears in 14 contracts
Samples: Indenture (Txu Corp /Tx/), Indenture (Firstenergy Corp), Trust Agreement (Txu Electric Capital Viii)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the required provision shall control. If any provision of this Indenture limits, qualifies modifies or conflicts with another excludes any provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that may be so modified or excluded, such other the latter provision shall control; and if any provision hereof otherwise conflicts with be deemed to apply to this Indenture as so modified or to be excluded, as the Trust Indenture Act, the Trust Indenture Act shall controlcase may be.
Appears in 12 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Eighth Supplemental Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 9 contracts
Samples: Eighth Supplemental Indenture (Public Service Co of Oklahoma), Eighth Supplemental Indenture (Western Massachusetts Electric Co), Eighth Supplemental Indenture (Southwestern Electric Power Co)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another any duties under any required provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct deemed included herein by Section 318(c) thereof, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 5 contracts
Samples: Indenture (Nisource Finance Corp), New Nisource Inc, New Nisource Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof --------------------------------- limits, qualifies or conflicts with another provision hereof which that is required or deemed to be included in this Indenture by, or is otherwise governed by, Trust Agreement by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, . The provisions of Sections 310 through 317 of the Trust Indenture Act shall controlthat impose duties on any Person (including the provisions automatically deemed included herein unless expressly excluded by this Trust Agreement) are a part of and govern this Trust Agreement, whether or not physically contained herein.
Appears in 5 contracts
Samples: Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Sdg&e Funding LLC a De Limited Liability Co), Declaration and Agreement (Pg&e Funding LLC)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Twelfth Supplemental Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 5 contracts
Samples: Supplemental Indenture (Eversource Energy), Twelfth Supplemental Indenture (Southwestern Electric Power Co), Twelfth Supplemental Indenture (Southwestern Electric Power Co)
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions provision of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall controlcontrol unless otherwise provided as contemplated by Section 301 with respect to any series of Securities.
Appears in 5 contracts
Samples: Security Agreement (Entergy Texas, Inc.), Mdu Resources Group Inc, Oncor Electric Delivery Co
Conflict with Trust Indenture Act. If any provision of this Indenture Guarantee Agreement limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture Guarantee Agreement by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 5 contracts
Samples: Guarantee Agreement (Montana Power Co /Mt/), Guarantee Agreement (Atlantic City Electric Co), Guarantee Agreement (Delmarva Power & Light Co /De/)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof hereof, or with a provision of the Base Indenture, which is required or deemed to be included in this Indenture byFifth Supplemental Indenture, or is otherwise governed byin the Base Indenture, respectively, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with control to the Trust Indenture Act, the Trust Indenture Act shall controlextent it is applicable.
Appears in 4 contracts
Samples: Fifth Supplemental Indenture (Brown & Brown, Inc.), Fifth Supplemental Indenture (Intercontinental Exchange, Inc.), Fifth Supplemental Indenture (Stryker Corp)
Conflict with Trust Indenture Act. (a) If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture Trust Agreement by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision provisions shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 3 contracts
Samples: Trust Agreement (Atlantic City Electric Co), Trust Agreement (Atlantic Capital Ii), Trust Agreement (Delmarva Power & Light Co /De/)
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with by the Trust Indenture Act, the provision required by the Trust Indenture Act shall control. The Subsidiary Guarantor in addition to performing its obligations under its Subsidiary Guarantee shall perform such other obligations as may be imposed upon it with respect to this Indenture under the Trust Indenture Act.
Appears in 3 contracts
Samples: Newmont Usa LTD, Indenture (Newmont Mining Corp /De/), Newmont Mining Corp /De/
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under the Trust Indenture Act to be a part of and govern this Indenture, the provision of the Trust Indenture Act shall control. If any provision of this Indenture limits, qualifies modifies or conflicts with another excludes any provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that may be so modified or excluded, such other the provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, of the Trust Indenture Act shall controlbe deemed to apply to this Indenture as so modified or to be excluded.
Appears in 3 contracts
Samples: Indenture (United Natural Foods Inc), Potomac Electric Power (Potomac Electric Power Co), JLG Industries Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Supplemental Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required or deemed included provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Eleventh Supplemental Indenture (Merrill Lynch & Co Inc), Eleventh Supplemental Indenture (Merrill Lynch & Co Inc)
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with or the Trust Indenture Act, requirement of the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Indenture (Utilicorp United Inc), Utilicorp United Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, indenture by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Boise Cascade Trust Iii
Conflict with Trust Indenture Act. If any provision hereof limits, qualities or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the Trust Indenture Act provision shall control. If any provision of this Indenture limits, qualifies modifies or conflicts with another excludes any provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that may be so modified or excluded, such other the latter provision shall control; and if any provision hereof otherwise conflicts with be deemed to apply to this Indenture as so modified or excluded, as the Trust Indenture Act, the Trust Indenture Act shall controlcase may be.
Appears in 2 contracts
Samples: Health Management Associates Inc, Health Management Associates Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, of the Trust Indenture Act shall control.or such other provision hereof which is required to be included by any provision of the Trust Indenture Act shall
Appears in 2 contracts
Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc
Conflict with Trust Indenture Act. If (a) any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if (b) any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall controlcontrol unless otherwise provided as contemplated by Section 301 with respect to any series of Securities.
Appears in 2 contracts
Samples: Indenture (Nice Systems LTD), Nice Systems LTD
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with (i) another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other provision shall control; and if or (ii) any provision hereof otherwise conflicts with of the Trust Indenture Act, such required provision or such provision of the Trust Indenture Act Act, as the case may be, shall control.
Appears in 2 contracts
Samples: Grupo TMM Sa, TMM Holdings
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions provision of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control. For purposes of this Section, the Indenture shall be deemed to be at all times qualified under the Trust Indenture Act.
Appears in 2 contracts
Samples: Indenture (PPL Capital Funding Inc), PPL Corp
Conflict with Trust Indenture Act. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with duties imposed by, or with another provision hereof which is required or deemed to be (an “incorporated provision”) included in this Indenture byby operation of Sections 310 to 318, or is otherwise governed byinclusive, any of the provisions of the Trust Indenture Act, such other imposed duties or incorporated provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions provision of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall controlcontrol unless otherwise provided as contemplated by Section 3.01 with respect to any series of Securities.
Appears in 2 contracts
Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.
Conflict with Trust Indenture Act. If any provision of this Indenture Trust Agreement limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture Trust Agreement by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Trust Agreement (Montana Power Co /Mt/), Trust Agreement (Montana Power Capital I)
Conflict with Trust Indenture Act. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture byby operation of SECTIONs 310 to 317, or is otherwise governed byinclusive, any of the provisions of the Trust Indenture ActAct (an "incorporated provision"), such other incorporated provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Hca Inc/Tn, Hca Inc/Tn
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if . If any provision hereof otherwise conflicts with the Trust of this Indenture Act, modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall controlbe deemed to apply to this Indenture as so modified or excluded, as the case may be.
Appears in 1 contract
Samples: Price/Costco Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another a provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that is required under such Act to be a part of and govern this Agreement, such other the latter provision shall control; and if . If any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.of this Agreement modifies or
Appears in 1 contract
Samples: Doral Properties Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture limits, qualifies modifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.excludes any
Appears in 1 contract
Samples: Indenture (Beckman Coulter Inc)
Conflict with Trust Indenture Act. If this Indenture is qualified under the Trust Indenture Act and any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which that is required or deemed to be included in and to govern this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act deemed to be included herein shall control.
Appears in 1 contract
Samples: Indenture (Olympic Financial LTD)
Conflict with Trust Indenture Act. If any provision of this Indenture Agreement limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture Agreement by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 1 contract
Samples: Value Obligation Agreement (Carolina Power & Light Co)
Conflict with Trust Indenture Act. 10 21 If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture byIndenture, or is otherwise governed byany amendment thereto, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 1 contract
Samples: Colonial Bancgroup Inc
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in In this Indenture by, or is otherwise governed by, by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.
Appears in 1 contract
Samples: Lehman Brothers Holdings Inc
Conflict with Trust Indenture Act. If If, and only if, this Indenture becomes subject to the Trust Indenture Act: (a) if any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and (b) if any provision hereof otherwise conflicts with the requirements of the Trust Indenture Act, the Trust Indenture Act shall controlcontrol in such case.
Appears in 1 contract
Conflict with Trust Indenture Act. If and only if this Indenture becomes subject to the Trust Indenture Act: if any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control, if applicable to this Indenture.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control, if applicable to this Indenture.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision of this Indenture hereof limits, qualifies or conflicts with another a provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, Act which is required under such other provision shall control; Act to be a part of and if any provision hereof otherwise conflicts with the Trust Indenture Actgovern this Indenture, the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, then such provision of this Indenture shall control.
Appears in 1 contract
Samples: Indenture (Hp Inc)
Conflict with Trust Indenture Act. This Indenture is subject to, and shall be governed by, the provisions of the Trust Indenture Act that are required to be a part of this Indenture. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture limits, qualifies modifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act, such other provision shall control; and if excludes any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control.of
Appears in 1 contract
Samples: Washington Mutual Inc
Conflict with Trust Indenture Act. (a) If any provision of this Indenture hereof limits, qualifies or conflicts with another provision hereof which that is required or deemed to be included in this Indenture by, or is otherwise governed by, indenture by any of the provisions of the Trust Indenture Act, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, required provisions of the Trust Indenture Act shall control.
Appears in 1 contract
Samples: Indenture (Bay View Deposit CORP)
Conflict with Trust Indenture Act. If any provision of this Indenture --------------------------------- hereof limits, qualifies or conflicts with another provision hereof which that is required or deemed to be included in this Indenture by, or is otherwise governed by, Trust Agreement by any of the provisions of the Trust Indenture Act, such other required provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, . The provisions of Sections 310 through 317 of the Trust Indenture Act shall controlthat impose duties on any Person (including the provisions automatically deemed included herein unless expressly excluded by this Trust Agreement) are a part of and govern this Trust Agreement, whether or not physically contained herein.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision of this Subordinated Indenture limits, qualifies or conflicts with another a provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture ActAct that is required under such act to be a part of and govern this Subordinated Indenture, such other the latter provision shall control; and if . If any provision hereof otherwise conflicts with the Trust of this Subordinated Indenture Act, modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the former provision shall controlbe deemed to apply.
Appears in 1 contract
Samples: Tower Automotive Inc