Common use of Disqualification; Conflicting Interests Clause in Contracts

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 400 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Community West Bancshares), Indenture (Ares Capital Corp)

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 34 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Senior Debt Securities Indenture (NewtekOne, Inc.)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall will acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall will, if so required by the Trust Indenture Act, either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Nothing herein will prevent the Indenture Trustee from filing with the Commission the application referred to in the second to last paragraph of Section 310(b) of the Trust Indenture Act.

Appears in 33 contracts

Samples: Indenture (Jpmorgan Chase Bank, National Association), Indenture (WF Card Funding LLC), Indenture Agreement

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall will either eliminate such interest or 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 21 contracts

Samples: Indenture (TrueBlue, Inc.), Indenture (TrueBlue, Inc.), Indenture (Macy's, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 17 contracts

Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee with respect to one or more series of Securities, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 11 contracts

Samples: Subordinated Indenture (Xylem Inc.), Senior Indenture (Xylem Inc.), Indenture (ITT Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this IndentureIndenture and the Company shall take prompt action to have a successor Trustee appointed in the manner provided herein.

Appears in 11 contracts

Samples: Indenture (Berkshire Hathaway Energy Co), Indenture (Southwest Gas Corp), Indenture (Midamerican Energy Holdings Co /New/)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 10 contracts

Samples: Indenture (Agco Corp /De), Indenture (Oaktree Capital Group, LLC), Indenture (Nii Holdings Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 10 contracts

Samples: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.), Indenture (Agilent Technologies, Inc.)

Disqualification; Conflicting Interests. If the Trustee has shall have or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such conflicting interest or resign, resign to the extent and extent, in the manner provided byand with the effect, and subject to the provisions ofconditions, provided in the Trust Indenture Act and this Indenture.

Appears in 9 contracts

Samples: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Refunding Agreement (Entergy Louisiana Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 6 contracts

Samples: Indenture (River Road Realty Corp), Indenture (Bank United Corp), Indenture (Bank United Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest interest, within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 6 contracts

Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/), Indenture (Markel Corp), Indenture (Dominion CNG Capital Trust Ii)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Further, it is understood that the Trustee shall be entitled to any and all rights that the Trustee may have in its individual capacity or any other capacity with respect to any Indebtedness of the Company, and no provision of this Indenture shall be construed as to limit or diminish any such right.

Appears in 4 contracts

Samples: Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within with the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Debt Securities of more than one series.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any "conflicting interest interest" within the meaning of ss. 310(b) of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 (Bankatlantic Bancorp Inc), Indenture (Investorsbancorp Inc), Indenture (Matrix Bancorp Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning interest, as defined in Section 310(b) of the Trust Indenture Act, with respect to the Securities of any series, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions ofto, Section 310 of the Trust Indenture Act and this Indenture.

Appears in 3 contracts

Samples: Indenture (Harley Davidson Inc), Indenture (Harley Davidson Inc), Indenture (Detroit Edison Co)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture ActAct of 1939, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act of 1939 and this Indenture.

Appears in 3 contracts

Samples: Indenture (Comcast Cable Communications Inc), Indenture (Illinova Corp), Indenture (Illinois Power Co)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series or any other indenture of the Company.

Appears in 3 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 3 contracts

Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by the Trust Indenture Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under the Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Subordinated Debt Securities Indenture.

Appears in 2 contracts

Samples: Indenture Agreement (Lloyds TSB Bank PLC), Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the ---------------------------------------- Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 (Xerox Corp), Indenture (Afc Enterprises Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest interest, within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such conflicting interest or 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 (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)

Disqualification; Conflicting Interests. If the --------------------------------------- Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 (Hussmann International Inc), Indenture (Nationwide Financial Services Capital Trust)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee it shall either eliminate such interest or resignresign as Trustee with respect to the Securities, 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 (Epicept Corp), Indenture (Epicept Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a "conflicting interest interest" within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Neither the Company nor any Affiliate of the Company shall serve as the Trustee. The Trustee is subject to Section 310(b) of the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Rural Cellular Corp), Indenture (Rural Cellular Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or 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 (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resignresign as Trustee hereunder, 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 (Asm International N V), Indenture Agreement (Protein Design Labs Inc/De)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall shall, if so required by the Trust Indenture Act, either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Nothing herein shall prevent the Indenture Trustee from filing with the Commission the application referred to in the second to last paragraph of Section 3.10(b) of the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Mellon Bank Premium Finance Loan Master Trust), Indenture (Mellon Premium Finance Loan Owner Trust)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture ActAct with respect to the Securities of any series, the Trustee it shall either eliminate such conflicting interest or resignresign with respect to the Securities of such series, 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 (Energy Partners LTD), Indenture (Energy Partners LTD)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and an subject to the provisions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Indenture (Belo a H Corp), Indenture (Belo a H Corp)

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Senior Debt Securities Indenture.

Appears in 2 contracts

Samples: Indenture Agreement (Lloyds TSB Bank PLC), Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions provi- sions of, the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 2 contracts

Samples: Indenture (Western Resources Inc /Ks), Indenture (Western Resources Capital Ii)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire acquires a conflicting interest interest” within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such conflicting interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. Neither the Company nor any Affiliate of the Company shall serve as the Trustee. The Trustee is subject to Section 310(b) of the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Texas Unwired), Indenture (Texas Unwired)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, resign to the extent and in the manner provided by, and subject to the provisions of, of the Trust Indenture Act and this Second Supplemental Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under the Base Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Second Supplemental Indenture (Solutia Inc)

Disqualification; Conflicting Interests. If the Indenture Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Indenture Trustee shall either eliminate such interest or 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 (Breed Technologies Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Capital Securities Indenture.

Appears in 1 contract

Samples: Indenture (Royal Bank of Scotland Group PLC)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, resign to the extent and in the manner provided by, and subject to the provisions of, of the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Solutia Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions of, the Trust Indenture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Capita Preferred Trust)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Subordinated Indenture.

Appears in 1 contract

Samples: Subordinated Indenture (Scottish Power Finance (US) Inc)

Disqualification; Conflicting Interests. If the Trust Indenture Act shall be applicable to a series of Securities issued hereunder and the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or 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 (Midamerican Energy Holdings Co /New/)

Disqualification; Conflicting Interests. If the Trustee --------------------------------------- has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 (Nationwide Financial Services Inc/)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, by and subject to the provisions of, of the Trust Indenture Act and this Indenture. To the extent permitted by such Act, the Trustee shall not be deemed to have a conflicting interest by virtue of being a trustee under this Indenture with respect to Securities of more than one series.

Appears in 1 contract

Samples: Indenture (Southwestern Public Service Co)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the 62 -55- Trustee shall either eliminate such interest or 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 (Atlas Air Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture ActAct (assuming it was applicable), the Trustee shall either eliminate such interest or 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 (Royal Caribbean Cruises LTD)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Inden ture Act and this Indenture.

Appears in 1 contract

Samples: Indenture (Central Parking Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Indenture. The Declaration and the Guarantee shall be deemed to be specifically described in this Indenture for the purposes of clause (i) of the first proviso contained in Section 310(b) of the Trust Indenture Act.

Appears in 1 contract

Samples: Indenture (Calpine Corp)

Disqualification; Conflicting Interests. If the Trust Indenture Act shall be applicable to a series of Securities issued hereunder and if the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, then the Trustee shall either eliminate such interest or 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 (Cilcorp Inc)

Disqualification; Conflicting Interests. If the Trustee has or --------------------------------------- shall acquire a conflicting interest within the meaning of the Trust Indenture ActAct of 1939, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act of 1939 and this Indenture.

Appears in 1 contract

Samples: Indenture (Continental Cablevision Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or resign, to the extent and in the manner provided by, and subject to the provisions of, the Trust Indenture Act and this Form of Indenture.

Appears in 1 contract

Samples: Indenture (Medallion Financial Corp)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire a any conflicting interest within the meaning of the Trust Indenture Act, the Trustee shall either eliminate such interest or 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 Agreement (Star Banc Corp /Oh/)

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