Conflicts with Indenture Clause Samples

Conflicts with Indenture. This Supplemental Indenture is subject to all terms of the Indenture. To the extent any provision of this Supplemental Indenture conflicts with express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling.

Conflicts with Indenture. Notwithstanding any other provision of this Assignment, the terms and provisions of this Assignment shall be subject and subordinate to the terms of the Indenture. To the extent that the Indenture provides the Company with a particular cure or notice period, or establishes any limitations or conditions on Trustee's actions with regard to a particular set of facts, the Company shall be entitled to the same cure periods and notice periods, and Trustee shall be subject to the same limitations and conditions in place of the cure periods, notice periods, limitations and conditions provided for under the Indenture; provided, however, such cure periods, notice periods, limitations and conditions shall not be cumulative as between the Indenture and this Assignment. In the event of any conflict or provisions of this Assignment and those of the Indenture, including without limitation, any conflicts or inconsistencies in any definitions herein or therein, the provisions or definitions of the Indenture shall govern.

Conflicts with Indenture. To the extent that any provision of this Purchase Contract Agreement relating to or affecting the Notes conflicts with or is inconsistent with the Indenture, the Indenture shall govern.

Conflicts with Indenture. In the event of any inconsistency between the meaning given to a term in the Indenture and the meaning given to the same term in this Fourth Supplemental Indenture, the meaning given to the term in this Fourth Supplemental Indenture shall prevail to the extent of the inconsistency; provided, however, that the terms and provisions of this Fourth Supplemental Indenture may modify or amend the terms and provisions of the Indenture solely as applied to the 2026 Notes.

Conflicts with Indenture. Notwithstanding the provisions of this Agreement, in any conflict between this Agreement and the provisions of the Indenture or the Shipowner Documents, the Indenture and/or the Shipowner Documents shall govern the agreement between the parties hereto, but only with respect to the subject matter thereof. Notwithstanding the previous sentence, any provision in the Indenture (or any other agreement the Shipowner has entered into with any other Person) purporting to release the Shipowner of any indebtedness, liability or obligation shall not apply to any indebtedness, liability or obligation of the Shipowner hereunder and no termination of the Indenture (or any other agreement the Shipowner has entered into with any other Person) shall affect the continued effectiveness of this Agreement, which shall continue in full force and effect until the Credit Facility has been terminated and all indebtedness, liabilities and obligations of the Shipowner hereunder have been fully discharged and satisfied, the Floating Rate Note has been paid, satisfied and discharged in full, and there has elapsed a year and a day from the last payment received from, or on behalf of, the Shipowner. The parties hereto acknowledge and agree that the Lenders and the Agents are not beneficiaries of the Shipowner Documents and certain other documents relating to the Indenture, and nothing in this Section 11.15 purports to confer any such rights upon the Lenders or the Agents.

Conflicts with Indenture. In the event of any inconsistency between the meaning given to a term in the Indenture and the meaning given to the same term in this First Supplemental Indenture, the meaning given to the term in this First Supplemental Indenture shall prevail to the extent of the inconsistency; provided, however, that the terms and provisions of this First Series Supplement may modify or amend the terms and provisions of the Indenture solely as applied to the 2023 Convertible Notes.

Conflicts with Indenture. In the event of any conflict between the provisions of this Agreement and those of the Indenture, including, without limitation, any conflicts or inconsistencies in any definitions herein or therein, the applicable provisions or definitions or the Indenture shall govern.

Conflicts with Indenture. Notwithstanding any other provision of this ------------------------ Assignment, the terms and provisions of this Assignment shall be subject and subordinate to the terms of the Indenture. To the extent that the Indenture provides the Issuers with a particular cure or notice period, or establishes any limitations or conditions on Trustee's actions with regard to a particular set of facts, the Issuers shall be entitled to the same cure periods and notice periods, and Trustee shall be subject to the same limitations and conditions in place of the cure periods, notice periods, limitations and conditions provided for under the Indenture; provided, however, -------- ------- that such cure periods, notice periods, limitations and conditions shall not be cumulative as between the Indenture and this Assignment. In the event of any conflict or provisions of this Assignment and those of the Indenture, including without limitation, any conflicts or inconsistencies in any definitions herein or therein, the provisions or definitions of the Indenture shall govern. Capitalized terms used herein and not otherwise defined shall have the same meaning as in the Indenture.

Conflicts with Indenture. If any provision of this Supplemental Indenture is inconsistent with any provision of the Indenture, the provision of this Supplemental Indenture will control with regard to the Notes. -70- [Signatures on following page] -71- SIGNATURES Dated as of March 14, 2003 iSTAR FINANCIAL INC. By: /s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ ----------------------------------- Name: ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Chief Financial Officer US BANK TRUST NATIONAL ASSOCIATION, not in its individual capacity, but solely as Trustee By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ----------------------------------- Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Assistant Vice President EXHIBIT A [Face of Note] [INSERT THE GLOBAL NOTE LEGEND, IF APPLICABLE PURSUANT TO THE PROVISIONS OF THE SUPPLEMENTAL INDENTURE] CUSIP/CINS ▇▇▇▇▇▇▇▇▇ 7.0% Senior Notes due 2008 No. ___ $___________ iSTAR FINANCIAL INC. promises to pay to __________________________, or registered assigns, the principal sum of ____ Dollars on March 15, 2008. Interest Payment Dates: March 15 and September 15 Record Dates: March 1 and September 1 Dated: [ ] iSTAR FINANCIAL INC. By: ----------------------------------- Name: Title: By: ----------------------------------- Name: Title: SEAL This is one of the Notes referred to in the within-mentioned Supplemental Indenture: US BANK TRUST NATIONAL ASSOCIATION as Trustee By: ------------------------------------ Authorized Signatory [Back of Note] 7.0% Senior Notes due 2008 Capitalized terms used herein shall have the meanings assigned to them in the Indenture referred to below unless otherwise indicated.