Common use of HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE Clause in Contracts

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 Communications to Holders 29 Section 5.03 Reports by Trustee 29 Section 5.04 Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 Section 6.02 Collection of Debt by Trustee, etc. 32 Section 6.03 Application of Moneys Collected by Trustee 34 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43

Appears in 2 contracts

Samples: Alamitos Co, BreitBurn Finance Corp

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HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Company to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 23 Section 5.02 5.02. Communications to Holders 29 24 Section 5.03 5.03. Reports by Trustee 29 24 Section 5.04 5.04. Record Dates for Action by Holders 30 24 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 24 Section 6.02 6.02. Collection of Debt by Trustee, etc. 32 26 Section 6.03 6.03. Application of Moneys Collected by Trustee 34 27 Section 6.04 6.04. Limitation on Suits by Holders 34 28 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 28 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 28 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 29 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 29 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 29 Section 7.02 7.02. Certain Rights of Trustee 38 30 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 31 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 31 Section 7.05 7.05. Moneys Received by Trustee to Be Held in Trust 39 31 Section 7.06 7.06. Compensation and Reimbursement 39 32 Section 7.07 7.07. Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 32 Section 7.08 7.08. Separate Trustee; Replacement of Trustee 40 32 Section 7.09 7.09. Successor Trustee by Merger 41 33 Section 7.10 7.10. Eligibility; Disqualification 42 33 Section 7.11 7.11. Preferential Collection of Claims Against Issuers 42 Company 34 Section 7.12 7.12. Compliance with Tax Laws 42 34 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 8.01. Evidence of Action by Holders 42 34 Section 8.02 8.02. Proof of Execution of Instruments and of Holding of Debt Securities 43 34 Section 8.03 8.03. Who May Be Deemed Owner of Debt Securities 43 34 Section 8.04 8.04. Instruments Executed by Holders Bind Future Holders 4335

Appears in 2 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 21 Section 5.02 Communications to Holders 29 21 Section 5.03 Reports by Trustee 29 22 Section 5.04 Record Dates for Action by Holders 30 22 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 22 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 24 Section 6.03 Application of Moneys Collected by Trustee 34 25 Section 6.04 Limitation on Suits by Holders 34 25 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 26 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 26 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 26 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under Under the Indenture or Against the Trustee 36 26 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 27 Section 7.02 Certain Rights of Trustee 38 28 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 28 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 28 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 29 Section 7.06 Compensation and Reimbursement 39 29 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 29 Section 7.08 Separate Trustee; Replacement of Trustee 40 29 Section 7.09 Successor Trustee by Merger 41 30 Section 7.10 Eligibility; Disqualification 42 30 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 31 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 31 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 31 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 31 Section 8.04 Instruments Executed by Holders Bind Future Holders 4331 TABLE OF CONTENTS (continued) Page

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 5.02. Communications to Holders 29 Section 5.03 5.03. Reports by Trustee 29 Section 5.04 5.04. Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 Section 6.02 6.02. Collection of Debt by Trustee, etc. 32 Section 6.03 6.03. Application of Moneys Collected by Trustee 34 Section 6.04 6.04. Limitation on Suits by Holders 34 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 Section 7.02 7.02. Certain Rights of Trustee 38 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 40 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 40 Section 7.05 7.05. Moneys Received by Trustee to Be Held in Trust 39 40 Section 7.06 7.06. Compensation and Reimbursement 39 40 Section 7.07 7.07. Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 41 Section 7.08 7.08. Separate Trustee; Replacement of Trustee 40 41 Section 7.09 7.09. Successor Trustee by Merger 41 42 Section 7.10 7.10. Eligibility; Disqualification 42 Section 7.11 7.11. Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders Partnership 43

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 21 Section 5.02 Communications to Holders 29 22 Section 5.03 Reports by Trustee 29 22 Section 5.04 Record Dates for Action by Holders 30 22 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 22 Section 6.02 Collection of Debt by Trustee, etc. 32 24 Section 6.03 Application of Moneys Collected by Trustee 34 25 Section 6.04 Limitation on Suits by Holders 34 25 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 26 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 26 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 26 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 27 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 27 Section 7.02 Certain Rights of Trustee 38 28 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 29 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 29 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 29 Section 7.06 Compensation and Reimbursement 39 29 Section 7.07 Right of Trustee to Rely on an Officers’ Officer’s Certificate Where No Other Evidence Specifically Prescribed 40 30 Section 7.08 Separate Trustee; Replacement of Trustee 40 30 Section 7.09 Successor Trustee by Merger 41 31 Section 7.10 Eligibility; Disqualification 42 31 Section 7.11 Preferential Collection of Claims Against Issuers 42 31 Section 7.12 Compliance with Tax Laws 42 31 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 32 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 32 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 32 Section 8.04 Instruments Executed by Holders Bind Future Holders 4332

Appears in 1 contract

Samples: MPT of West Anaheim, LLC

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Issuer to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 Communications to Holders 29 30 Section 5.03 Reports by Trustee 29 30 Section 5.04 Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 31 Section 6.02 Collection of Debt by Trustee, etc. etc 32 Section 6.03 Application of Moneys Collected by Trustee 34 33 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 40 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 41 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 42 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers Issuer 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43

Appears in 1 contract

Samples: Indenture (Seadrill Partners LLC)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 28 Section 5.02 Communications to Holders 29 Section 5.03 Reports by Trustee 29 Section 5.04 Record Dates for Action by Holders 30 29 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 Section 6.02 Collection of Debt by Trustee, etc. 32 Section 6.03 Application of Moneys Collected by Trustee 34 33 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 34 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 35 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 36 Section 7.02 Certain Rights of Trustee 38 37 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 38 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 38 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 39 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 41 Section 7.11 Preferential Collection of Claims Against Issuers 42 41 Section 7.12 Compliance with Tax Laws 42 41 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 42 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 42 Section 8.04 Instruments Executed by Holders Bind Future Holders 4342 ARTICLE IX

Appears in 1 contract

Samples: Stonemor Florida Subsidiary LLC

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Issuer to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 Communications to Holders 29 Section 5.03 Reports by Trustee 29 30 Section 5.04 Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 Section 6.02 Collection of Debt by Trustee, etc. 32 Section 6.03 Application of Moneys Collected by Trustee 34 33 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 35 Section 6.08 6.07 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 36 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 42 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers Issuer 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43

Appears in 1 contract

Samples: Seadrill Partners LLC

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Company to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 28 Section 5.02 5.02. Communications to Holders 29 Section 5.03 5.03. Reports by Trustee 29 Section 5.04 5.04. Record Dates for Action by Holders 30 29 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 Section 6.02 6.02. Collection of Debt by Trustee, etc. 32 Section 6.03 6.03. Application of Moneys Collected by Trustee 34 33 Section 6.04 6.04. Limitation on Suits by Holders 34 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 34 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Default Known to It, but May Withhold Such Notice in Certain Circumstances 36 35 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 35 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 36 Section 7.02 7.02. Certain Rights of Trustee 38 37 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 7.05. Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 7.06. Compensation and Reimbursement 39 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 4339

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 26 Section 5.02 Communications to Holders 29 27 Section 5.03 Reports by Trustee 29 27 Section 5.04 Record Dates for Action by Holders 30 27 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 28 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 30 Section 6.03 Application of Moneys Collected by Trustee 34 31 Section 6.04 Limitation on Suits by Holders 34 32 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 33 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 33 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 33 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 34 TABLE OF CONTENTS (continued) Page ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 34 Section 7.02 Certain Rights of Trustee 38 35 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 36 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 37 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 37 Section 7.06 Compensation and Reimbursement 39 37 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 37 Section 7.08 Separate Trustee; Replacement of Trustee 40 38 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 39 Section 7.10 Eligibility; Disqualification 42 39 Section 7.11 Preferential Collection of Claims Against Issuers 42 39 Section 7.12 Compliance with Tax Laws 42 39 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 40 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 40 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 40 Section 8.04 Instruments Executed by Holders Bind Future Holders 4341

Appears in 1 contract

Samples: Indenture (CNX Coal Finance Corp.)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Company To Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 42 Section 5.02 Communications to Holders 29 42 Section 5.03 Reports by Trustee 29 42 Section 5.04 Record Dates for Action by Holders 30 43 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 43 Section 6.02 Collection of Debt Indebtedness by Trustee, etcEtc. 32 46 Section 6.03 Application of Moneys Monies Collected by Trustee 34 47 Section 6.04 Limitation on Suits by Holders 34 48 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 48 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to To Direct Trustee and to To Waive Default 35 48 Section 6.07 Trustee to To Give Notice of Events of Defaults Known to It, but But May Withhold Such Notice in Certain Circumstances 36 49 Section 6.08 Requirement of an Undertaking to To Pay Costs in Certain Suits under Under the Indenture or Against the Trustee 36 49 Page ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 50 Section 7.02 Certain Rights of Trustee 38 51 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 52 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 52 Section 7.05 Moneys Monies Received by By Trustee to To Be Held in Trust 39 52 Section 7.06 Compensation and Reimbursement 39 53 Section 7.07 Right of Trustee to To Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 53 Section 7.08 Separate Trustee; Replacement of Trustee 40 53 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 55 Section 7.10 Eligibility; Disqualification 42 55 Section 7.11 Preferential Collection of Claims Against Issuers 42 against Company 55 Section 7.12 Compliance with Tax Laws 42 55 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 56 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 56 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 56 Section 8.04 Instruments Executed by Holders Bind Future Holders 4356 ARTICLE IX

Appears in 1 contract

Samples: Bill Barrett Corp

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 5.02. Communications to Holders 29 30 Section 5.03 5.03. Reports by Trustee 29 30 Section 5.04 5.04. Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 31 Section 6.02 6.02. Collection of Debt by Trustee, etcetc 33 Section 6.03. 32 Section 6.03 Application of Moneys Money Collected by Trustee 34 Section 6.04 6.04. Limitation on Suits by Holders 34 35 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 36 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 36 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 37 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 Section 7.02 7.02. Certain Rights of Trustee 38 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys 7.05. Money Received by Trustee to Be Held in Trust 39 40 Section 7.06 7.06. Compensation and Reimbursement 39 40 Section 7.07 7.07. Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 7.08. Separate Trustee; Replacement of Trustee 40 41 Section 7.09 7.09. Successor Trustee by Merger 41 Xxxxxx 42 Section 7.10 7.10. Eligibility; Disqualification 42 Section 7.11 7.11. Preferential Collection of Claims Against Issuers Partnership 42 Section 7.12 7.12. Compliance with Tax Laws 42 43 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43VIII

Appears in 1 contract

Samples: Indenture (Oiltanking Partners, L.P.)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 18 Section 5.02 Communications to Holders 29 19 Section 5.03 Reports by Trustee 29 19 Section 5.04 Record Dates for Action by Holders 30 19 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 19 Section 6.02 Collection of Debt by Trustee, etc. 32 20 Section 6.03 Application of Moneys Collected by Trustee 34 21 Section 6.04 Limitation on Suits by Holders 34 22 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 22 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 22 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 23 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 23 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 23 Section 7.02 Certain Rights of Trustee 38 24 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 25 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 25 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 25 Section 7.06 Compensation and Reimbursement 39 25 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 25 Section 7.08 Separate Trustee; Replacement of Trustee 40 25 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 26 Section 7.10 Eligibility; Disqualification 42 26 Section 7.11 Preferential Collection of Claims Against Issuers 42 Partnership 27 Section 7.12 Compliance with Tax Laws 42 27 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43VIII

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 25 Section 5.02 Communications to Holders 29 25 Section 5.03 Reports by Trustee 29 25 Section 5.04 Record Dates for Action by Holders 30 25 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 26 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 27 Section 6.03 Application of Moneys Collected by Trustee 34 28 Section 6.04 Limitation on Suits by Holders 34 29 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 30 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 30 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 30 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 31 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 31 Section 7.02 Certain Rights of Trustee 38 32 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 33 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 33 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 33 Section 7.06 Compensation and Reimbursement 39 33 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 34 Section 7.08 Separate Trustee; Replacement of Trustee 40 34 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 35 Section 7.10 Eligibility; Disqualification 42 35 Section 7.11 Preferential Collection of Claims Against Issuers 42 35 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 4336 Page

Appears in 1 contract

Samples: Indenture (Global Operating LLC)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Company to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 24 Section 5.02 Communications to Holders 29 24 Section 5.03 Reports by Trustee 29 24 Section 5.04 Record Dates for Action by Holders 30 25 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 25 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 27 Section 6.03 Application of Moneys Collected by Trustee 34 28 Section 6.04 Limitation on Suits by Holders 34 28 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 29 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 29 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 30 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 30 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 30 Section 7.02 Certain Rights of Trustee 38 31 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 32 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 33 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 33 Section 7.06 Compensation and Reimbursement 39 33 Section 7.07 Right of Trustee to Rely on an Officers' Certificate Where No Other Evidence Specifically Prescribed 40 33 Section 7.08 Separate Trustee; Replacement of Trustee 40 34 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 35 Section 7.10 Eligibility; Disqualification 42 35 Section 7.11 Preferential Collection of Claims Against Issuers 42 Company 35 Section 7.12 Compliance with Tax Laws 42 35 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 35 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 35 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 4336

Appears in 1 contract

Samples: Pacific Energy Group LLC

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 21 Section 5.02 Communications to Holders 29 22 Section 5.03 Reports by Trustee 29 22 Section 5.04 Record Dates for Action by Holders 30 22 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 22 Section 6.02 Collection of Debt by Trustee, etc. 32 24 Section 6.03 Application of Moneys Collected by Trustee 34 25 Section 6.04 Limitation on Suits by Holders 34 26 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 26 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 26 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 27 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 27 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 27 Section 7.02 Certain Rights of Trustee 38 28 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 29 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 29 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 29 Section 7.06 Compensation and Reimbursement 39 30 Section 7.07 Right of Trustee to Rely on an Officers’ Officer’s Certificate Where No Other Evidence Specifically Prescribed 40 30 Section 7.08 Separate Trustee; Replacement of Trustee 40 30 Section 7.09 Successor Trustee by Merger 41 31 Section 7.10 Eligibility; Disqualification 42 31 Section 7.11 Preferential Collection of Claims Against Issuers 42 31 Section 7.12 Compliance with Tax Laws 42 32 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 32 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 32 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 32 Section 8.04 Instruments Executed by Holders Bind Future Holders 4332

Appears in 1 contract

Samples: MPT Operating Partnership, L.P.

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HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 Communications to Holders 29 Section 5.03 Reports by Trustee 29 30 Section 5.04 Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 33 Section 6.03 Application of Moneys Collected by Trustee 34 Section 6.04 Limitation on Suits by Holders 34 35 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 40 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 42 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 43 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43

Appears in 1 contract

Samples: Stonemor Florida Subsidiary LLC

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 24 Section 5.02 Communications to Holders 29 25 Section 5.03 Reports by Trustee 29 25 Section 5.04 Record Dates for Action by Holders 30 25 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 25 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 27 Section 6.03 Application of Moneys Collected by Trustee 34 28 Section 6.04 Limitation on Suits by Holders 34 29 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 29 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 30 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 30 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 30 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 31 Section 7.02 Certain Rights of Trustee 38 32 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 33 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 33 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 33 Section 7.06 Compensation and Reimbursement 39 33 Section 7.07 Right of Trustee to Rely on an Officers' Certificate Where No Other Evidence Specifically Prescribed 40 34 Section 7.08 Separate Trustee; Replacement of Trustee 40 34 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 35 Section 7.10 Eligibility; Disqualification 42 35 Section 7.11 Preferential Collection of Claims Against Issuers 42 Partnership 35 Section 7.12 Compliance with Tax Laws 42 35 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 36 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 36 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 4336

Appears in 1 contract

Samples: Indenture (Pacific Energy Group LLC)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 27 Section 5.02 5.02. Communications to Holders 29 28 Section 5.03 5.03. Reports by Trustee 29 28 Section 5.04 5.04. Record Dates for Action by Holders 30 28 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 28 Section 6.02 6.02. Collection of Debt by Trustee, etc. 32 30 Section 6.03 6.03. Application of Moneys Money Collected by Trustee 34 31 Section 6.04 6.04. Limitation on Suits by Holders 34 32 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 33 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 33 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 33 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 34 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 34 Section 7.02 7.02. Certain Rights of Trustee 38 35 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 37 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 37 Section 7.05 Moneys 7.05. Money Received by Trustee to Be Held in Trust 39 37 Section 7.06 7.06. Compensation and Reimbursement 39 37 Section 7.07 7.07. Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 38 Section 7.08 7.08. Separate Trustee; Replacement of Trustee 40 38 Section 7.09 7.09. Successor Trustee by Merger 41 Xxxxxx 39 Section 7.10 7.10. Eligibility; Disqualification 42 39 Section 7.11 7.11. Preferential Collection of Claims Against Issuers 42 Partnership 40 Section 7.12 7.12. Compliance with Tax Laws 42 40 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 8.01. Evidence of Action by Holders 42 40 Section 8.02 8.02. Proof of Execution of Instruments and of Holding of Debt Securities 43 40 Section 8.03 8.03. Who May Be Deemed Owner of Debt Securities 43 40 Section 8.04 8.04. Instruments Executed by Holders Bind Future Holders 4341 ARTICLE IX

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers 5.01. Partnership to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 5.02. Communications to Holders 29 Section 5.03 5.03. Reports by Trustee 29 Section 5.04 5.04. Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 6.01. Events of Default 30 Section 6.02 6.02. Collection of Debt by Trustee, etc. 32 Section 6.03 6.03. Application of Moneys Money Collected by Trustee 34 33 Section 6.04 6.04. Limitation on Suits by Holders 34 Section 6.05 6.05. Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 6.06. Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 6.07. Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 35 Section 6.08 6.08. Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 7.01. Certain Duties and Responsibilities 37 36 Section 7.02 7.02. Certain Rights of Trustee 38 37 Section 7.03 7.03. Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 7.04. Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys 7.05. Money Received by Trustee to Be Held in Trust 39 Section 7.06 7.06. Compensation and Reimbursement 39 Section 7.07 7.07. Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 7.08. Separate Trustee; Replacement of Trustee 40 Section 7.09 7.09. Successor Trustee by Merger Xxxxxx 41 Section 7.10 7.10. Eligibility; Disqualification 42 Section 7.11 7.11. Preferential Collection of Claims Against Issuers Partnership 42 Section 7.12 7.12. Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 8.01. Evidence of Action by Holders 42 Section 8.02 8.02. Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 8.03. Who May Be Deemed Owner of Debt Securities 43 Section 8.04 8.04. Instruments Executed by Holders Bind Future Holders 43

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. AND THE COMPANY 39 Section 5.01 Issuers 701. Company to Furnish Trustee Information as to Names and Addresses of Holders; Holders 39 Section 702. Preservation of Information 29 Section 5.02 Information; Communications to Holders 29 40 Section 5.03 703. Reports by Trustee 29 40 Section 5.04 Record Dates for Action 704. Reports by Holders 30 the Company 40 ARTICLE VI REMEDIES VIII CONSOLIDATION, MERGER, SALE OF THE TRUSTEE ASSETS AND HOLDERS IN EVENT OF DEFAULT OTHER TRANSACTIONS 40 Section 6.01 Events of Default 30 801. Company May Merge or Transfer Assets on Certain Terms 40 Section 6.02 Collection of Debt by Trustee, etc802. 32 Successor Person Substituted 41 ARTICLE IX SUPPLEMENTAL INDENTURES 41 Section 6.03 Application of Moneys Collected by Trustee 34 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights 901. Supplemental Indentures Without Consent of Holders 41 Section 902. Supplemental Indentures With Consent of Majority Holders 42 Section 903. Execution of Supplemental Indentures 44 Section 904. Effect of Supplemental Indentures 44 Section 905. Conformity with Trust Indenture Act 44 Section 906. Notice of Supplemental Indenture; Reference in Principal Amount of Debt Securities to Direct Trustee Supplemental Indentures 44 ARTICLE X COVENANTS 44 Section 1001. Payment of Principal, Premium, if any, and to Waive Default 35 Interest 44 Section 6.07 Trustee to Give Notice 1002. Maintenance of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Office or Agency 45 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable 1003. Money for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee Payments to Be Held in Trust 39 45 Section 7.06 Compensation 1004. Statement by Officers as to Default 46 Section 1005. Waiver of Certain Covenants 46 ARTICLE XI REDEMPTION OF SECURITIES 47 Section 1101. Applicability of Article 47 Section 1102. Election to Redeem; Notice to Trustee 47 Section 1103. Selection by Trustee of Securities to Be Redeemed 47 Section 1104. Notice of Redemption 48 Section 1105. Deposit of Redemption Price 49 Section 1106. Securities Payable on Redemption Date 49 Section 1107. Securities Redeemed in Part 50 ARTICLE XII SINKING FUNDS 50 Section 1201. Applicability of Article 50 Section 1202. Satisfaction of Sinking Fund Payments with Securities 50 Section 1203. Redemption of Securities for Sinking Fund 50 ARTICLE XIII DEFEASANCE AND COVENANT DEFEASANCE 51 Section 1301. Company’s Option to Effect Defeasance or Covenant Defeasance 51 Section 1302. Defeasance and Reimbursement 39 Discharge 51 Section 7.07 Right 1303. Covenant Defeasance 51 Section 1304. Conditions to Defeasance or Covenant Defeasance 52 Section 1305. Deposited Money and U.S. Government Obligations to Be Held in Trust; Miscellaneous Provisions 53 Section 1306. Reinstatement 53 INDENTURE, dated as of [______________], [_____], between Blue Owl Capital Inc., a corporation duly organized and existing under the laws of Delaware (the “Company”), and [__________________________________], as Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate (the “Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43”).

Appears in 1 contract

Samples: Indenture (Blue Owl Capital Inc.)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 26 Section 5.02 Communications to Holders 29 26 Section 5.03 Reports by Trustee 29 26 Section 5.04 Record Dates for Action by Holders 30 27 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 27 Section 6.02 Collection of Debt by Trustee, etc. 32 29 Section 6.03 Application of Moneys Collected by Trustee 34 30 Section 6.04 Limitation on Suits by Holders 34 31 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 32 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 32 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 33 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 33 TABLE OF CONTENTS (continued) Page ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 33 Section 7.02 Certain Rights of Trustee 38 34 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 36 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 36 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 36 Section 7.06 Compensation and Reimbursement 39 36 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 37 Section 7.08 Separate Trustee; Replacement of Trustee 40 37 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 38 Section 7.10 Eligibility; Disqualification 42 38 Section 7.11 Preferential Collection of Claims Against Issuers 42 39 Section 7.12 Compliance with Tax Laws 42 39 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 39 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 39 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 39 Section 8.04 Instruments Executed by Holders Bind Future Holders 4340 ARTICLE IX

Appears in 1 contract

Samples: Indenture (CNX Coal Finance Corp.)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Company to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 17 Section 5.02 Communications to Holders 29 18 Section 5.03 Reports by Trustee 29 18 Section 5.04 Record Dates for Action by Holders 30 18 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 18 Section 6.02 Collection of Debt by Trustee, etc. 32 etc 20 Section 6.03 Application of Moneys Collected by Trustee 34 20 Section 6.04 Limitation on Suits by Holders 34 21 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 21 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 21 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 22 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 22 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 22 Section 7.02 Certain Rights of Trustee 38 23 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 24 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 24 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 24 Section 7.06 Compensation and Reimbursement 39 24 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 24 Section 7.08 Separate Trustee; Replacement of Trustee 40 24 Section 7.09 Successor Trustee by Merger 41 Xxxxxx 25 Section 7.10 Eligibility; Disqualification 42 25 Section 7.11 Preferential Collection of Claims Against Issuers 42 Company 25 Section 7.12 Compliance with Tax Laws 42 25 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 26 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 26 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 26 Section 8.04 Instruments Executed by Holders Bind Future Holders 4326

Appears in 1 contract

Samples: Resource Capital Corp.

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 Section 5.02 Communications to Holders 29 Section 5.03 Reports by Trustee 29 Section 5.04 Record Dates for Action by Holders 30 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 Section 6.02 Collection of Debt by Trustee, etc. etc 32 Section 6.03 Application of Moneys Collected by Trustee 34 33 Section 6.04 Limitation on Suits by Holders 34 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 36 Section 7.02 Certain Rights of Trustee 38 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 Section 7.06 Compensation and Reimbursement 39 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 42 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 43

Appears in 1 contract

Samples: Indenture (Turkey Creek Pipeline, LLC)

HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE. Section 5.01 Issuers Company to Furnish Trustee Information as to Names and Addresses of Holders; Preservation of Information 29 44 Section 5.02 Communications to Holders 29 45 Section 5.03 Reports by Trustee 29 45 Section 5.04 Record Dates for Action by Holders 30 45 ARTICLE VI REMEDIES OF THE TRUSTEE AND HOLDERS IN EVENT OF DEFAULT Section 6.01 Events of Default 30 46 Section 6.02 Collection of Debt Indebtedness by Trustee, etc. 32 etc 48 Section 6.03 Application of Moneys Collected by Trustee 34 49 Section 6.04 Limitation on Suits by Holders 34 50 Section 6.05 Remedies Cumulative; Delay or Omission in Exercise of Rights Not a Waiver of Default 35 50 Section 6.06 Rights of Holders of Majority in Principal Amount of Debt Securities to Direct Trustee and to Waive Default 35 51 Section 6.07 Trustee to Give Notice of Events of Defaults Known to It, but May Withhold Such Notice in Certain Circumstances 36 51 Section 6.08 Requirement of an Undertaking to Pay Costs in Certain Suits under the Indenture or Against the Trustee 36 52 ARTICLE VII CONCERNING THE TRUSTEE Section 7.01 Certain Duties and Responsibilities 37 52 Section 7.02 Certain Rights of Trustee 38 53 Section 7.03 Trustee Not Liable for Recitals in Indenture or in Debt Securities 39 54 Section 7.04 Trustee, Paying Agent or Registrar May Own Debt Securities 39 55 Section 7.05 Moneys Received by Trustee to Be Held in Trust 39 55 Section 7.06 Compensation and Reimbursement 39 55 Section 7.07 Right of Trustee to Rely on an Officers’ Certificate Where No Other Evidence Specifically Prescribed 40 Section 7.08 Separate Trustee; Replacement of Trustee 40 Section 7.09 Successor Trustee by Merger 41 Section 7.10 Eligibility; Disqualification 42 Section 7.11 Preferential Collection of Claims Against Issuers 42 Section 7.12 Compliance with Tax Laws 42 ARTICLE VIII CONCERNING THE HOLDERS Section 8.01 Evidence of Action by Holders 42 Section 8.02 Proof of Execution of Instruments and of Holding of Debt Securities 43 Section 8.03 Who May Be Deemed Owner of Debt Securities 43 Section 8.04 Instruments Executed by Holders Bind Future Holders 4355

Appears in 1 contract

Samples: Supplemental Indenture (Enterprise Products Partners L P)

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