Common use of Conflicting Interests of Trustee Clause in Contracts

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 16 contracts

Samples: Indenture (Liberty Media Corp), Indenture (Ascent Capital Group, Inc.), Indenture (Ascent Capital Group, Inc.)

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Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (ai) eliminate such interest within ninety 90 days, (bii) apply to the Commission for permission to continue as Trustee trustee or (ciii) resign, in each case to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 7 contracts

Samples: Headwaters Incorporated (Headwaters Inc), Indenture (On Semiconductor Corp), Indenture (Headwaters Inc)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (ai) eliminate such interest within ninety 90 days, (bii) apply to the Commission for permission to continue as Trustee trustee or (ciii) resign, in each case to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. The Trustee is subject to Section 310(b) of the Trust Indenture Act.

Appears in 5 contracts

Samples: IMH Financial Corp, IMH Financial Corp, Indenture (IMH Financial Corp)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety (90) days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 5 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.), Supplemental Indenture (H-L Distribution Service, LLC)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture ActAct (if applicable), if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 4 contracts

Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Kaman Corp), Indenture (Salix Pharmaceuticals LTD)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days, 90 days or (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Samples: Indenture (PSS World Medical Inc), Indenture (Teradyne, Inc), Indenture (Teradyne, Inc)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days90 days after ascertaining that it has such conflicting interest, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.), Supplemental Indenture (Horizon Lines, Inc.)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days, 90 days or (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Samples: Indenture (WEIBO Corp), Indenture (Sina Corp), Indenture (Sina Corp)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if any, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission SEC for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Samples: Indenture (Northwest Biotherapeutics Inc), Indenture (Ariad Pharmaceuticals Inc)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (ai) eliminate such conflicting interest within ninety 90 days, (bii) apply to the Commission for permission to continue as Trustee trustee hereunder or (ciii) resign, in each case to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 2 contracts

Samples: Indenture (Commscope Inc), Andrew Corp

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Sirius Xm Holdings Inc.)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission SEC for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Alaska Communications Systems Group Inc)

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Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (ai) eliminate such interest within ninety 90 days, (bii) apply to the Commission for permission to continue as Trustee or (ciii) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Albany International Corp /De/

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Goldcorp Inc

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (ai) eliminate such interest within ninety days90 days after ascertaining that it has such conflicting interest, (bii) apply to the Commission for permission to continue as Trustee trustee or (ciii) resign, in each case to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Canadian Solar Inc.)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Liberty Media Corp)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety days, (b) apply to the Commission for permission to continue as Trustee 90 days or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Endeavour International Corp)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety daysdays or, if known to the Trustee later than 90 days after it occurs, as soon as practicable, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Sirius Xm Holdings Inc.)

Conflicting Interests of Trustee. After qualification of this Indenture under the Trust Indenture Act, if If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either (a) eliminate such interest within ninety 90 days, (b) apply to the Commission for permission to continue as Trustee or (c) resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Eastman Kodak Co)

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