Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 58 contracts
Samples: Indenture (Catalyst Biosciences, Inc.), Indenture (Sinclair Broadcast Group Inc), Indenture (Media General Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 40 contracts
Samples: Indenture (Saks Inc), Indenture (Alestra), Indenture (Verio Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 16 contracts
Samples: Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp), Indenture (Central Power & Light Co /Tx/)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which that is required or deemed under the Trust Indenture Act to be included a part of and govern this Indenture or any other provision of this Indenture that is required to be in this Indenture by any of the provisions of the Trust Indenture Act, the such required provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 12 contracts
Samples: Indenture (NGC Corp), Indenture (NGC Corp), Subordinated Indenture (Illinois Power Co)
Conflict with Trust Indenture Act. If and to the extent that any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 12 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 8 contracts
Samples: Indenture (Di Giorgio Corp), Indenture (Hollinger International Inc), Indenture (Playtex Products Inc)
Conflict with Trust Indenture Act. If any provision 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 any of the provisions of the Trust Indenture Act, then solely in the provision or requirement of event that this Agreement becomes subject to qualification under the Trust Indenture Act or is otherwise qualified under the Trust Indenture Act, such required provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 5 contracts
Samples: Indenture (Empire State Realty OP, L.P.), Indenture (Gramercy Property Trust Inc.), Indenture (American Residential Properties, Inc.)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which that is required or deemed under such Act to be included in a part of and govern this Indenture by any of Pass Through Trust Agreement, such required or deemed provision shall, so long as the provisions of Certificates shall be subject to the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture Pass Through Trust Agreement modifies or excludes any provision of the Trust Indenture Act that 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 5 contracts
Samples: Pass Through Trust Agreement (Dynegy Danskammer LLC), Pass Through Trust Agreement (Calpine Corp), Pass Through Trust Agreement (PPL Montana LLC)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions provision of the Trust Indenture Act, the provision or requirement requirements of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 4 contracts
Samples: Subordinated Indenture (Sonic Automotive Inc), Senior Indenture (Sonic Automotive Inc), Senior Indenture (Sonic Automotive 1495 Automall DR Columbus Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision foregoing paragraph 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 Debt Indenture (Caprock Communications Corp), Senior Debt Indenture (Caprock Communications Corp), Indenture (Caprock Communications Corp)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which that is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Indenture (PPL Energy Supply LLC), Indenture (PPL Electric Utilities Corp)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture ActAct (including Section 318(c) thereof), the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 2 contracts
Samples: Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)
Conflict with Trust Indenture Act. If any provision ---------------------------------- 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 any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act or required provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that which may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 2 contracts
Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)
Conflict with Trust Indenture Act. If any provision --------------------------------- hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 1 contract
Samples: Indenture (MTL Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any a part of and govern the Indenture, the latter provision shall control, but only to the extent that such provisions of the Trust Indenture Act, Act are applicable to a series of Securities issued under the provision or requirement of the Trust Indenture Act shall controlIndenture. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this the Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Subordinated Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Subordinated Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Subordinated Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Subordinated Indenture (Scottish Power Finance (US) Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or with another provision hereof which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of under the Trust Indenture Act to be a part of and govern this Indenture, the Trust Indenture Act provisions shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that which may be so modified or excluded, the latter Trust Indenture Act provision shall be deemed to apply to this Indenture as so modified or shall be excluded from applying to be excluded, the Indenture as the case may be.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision 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 any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act or required provision shall control. If any provision provision. of this Indenture modifies or excludes any provision of the Trust Indenture Act that which may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (L&c Spinco Inc)
Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with the duties imposed by any provision of Sections 310 to 317, inclusive, of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any through operation of the provisions of the Trust Indenture ActSection 318(c) thereof, the provision or requirement of the Trust Indenture Act such imposed duties shall control. If any provision of this Indenture modifies or expressly excludes any provision of the Trust Indenture Act that which, pursuant to the terms of the Trust Indenture Act, may be so modified or excluded, the latter Trust Indenture Act provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with the duties imposed by the Trust Indenture Act Sections 310 to 318, inclusive, or conflicts with any provision of the Trust Indenture Act or another provision which that is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of under the Trust Indenture Act to be a part of and govern this Indenture, such duties or provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter such provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Cedar Brakes I LLC)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be 2 excluded, as the case may be.
Appears in 1 contract
Conflict with Trust Indenture Act. If any provision hereof hereof, and any provision of any indenture supplemental hereto, limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which is required or deemed under such Act to be included in a part of and govern this Indenture by any of the provisions of the Trust Indenture ActIndenture, the latter provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture Indenture, and any indenture supplemental hereto, modifies or excludes any provision of the Trust Indenture Act that which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Indenture, as supplemented and as so modified or to be excluded, as the case may be.
Appears in 1 contract
Samples: Indenture (Gogo Inc.)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this -33- Indenture by any of the provisions of the Trust Indenture Act, the such provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 1 contract
Samples: Indenture (RCN Corp /De/)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or of conflicts with any provision of the Trust Indenture Act or another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act, the provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 1 contract
Conflict with Trust Indenture Act. (a) If any provision hereof limits, qualifies or conflicts with any a provision of the Trust Indenture Act or another provision which is that would be required or deemed under such Act to be included in a part of and govern this Indenture by any of the provisions of the Trust if this Indenture Actwere subject thereto, the latter provision or requirement of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 1 contract
Samples: Indenture (Credence Systems Corp)