Common use of Individual Rights of the Trustee Clause in Contracts

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 22 contracts

Samples: Base Indenture (Conns Inc), Letter Agreement (Oportun Financial Corp), Letter Agreement (Oportun Financial Corp)

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Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Securitization Entities or an Affiliate of the Issuer Securitization Entities with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 21 contracts

Samples: Base Indenture (Dine Brands Global, Inc.), Base Indenture (Wendy's Co), Contribution Agreement (Planet Fitness, Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Securitization Entities or an any Affiliate of the Issuer Securitization Entities with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 10 contracts

Samples: Management Agreement (Driven Brands Holdings Inc.), Driven Brands Holdings Inc., Driven Brands Holdings Inc.

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Debentures and may otherwise deal with the Issuer Company or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, Registrar or co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 7.10 and 11.117.11 hereof.

Appears in 10 contracts

Samples: Pseg Power Capital Trust V, Public Service Enterprise Group Inc, Public Service Electric & Gas Co

Individual Rights of the Trustee. The Subject to Sections 7.10 and 7.11, the Trustee in its individual or any other capacity may become the owner or pledgee of Convertible Subordinated Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer Company or an Affiliate of the Issuer Company and receive, collect, hold and retain collections from the Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 10 contracts

Samples: Indenture (Credence Systems Corp), Indenture (Amkor Technology Inc), Indenture (School Specialty Inc)

Individual Rights of the Trustee. The Subject to Sections 7.10 and 7.11, the Trustee in its individual or any other capacity may become the owner or pledgee of Convertible Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer Company or an Affiliate of the Issuer Company and receive, collect, hold and retain collections from the Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 9 contracts

Samples: Indenture (Vion Pharmaceuticals Inc), Indenture (Guilford Pharmaceuticals Inc), Indenture (LTX-Credence Corp)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with is subject to Trust Indenture Act Sections 11.9 310(b) and 11.11.311. For purposes of Trust Indenture Act Section 311(b)(4) and (6):

Appears in 9 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Individual Rights of the Trustee. The Subject to Sections 7.10 and 7.11, the Trustee in its individual or any other capacity may become the owner or pledgee of Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer Company or an Affiliate of the Issuer Company and receive, collect, hold and retain collections from the Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 8 contracts

Samples: Indenture (Gencorp Inc), Indenture (Delta Air Lines Inc /De/), Indenture (Amkor Technology Inc)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must comply with Sections 11.9 and 11.11is also subject to Section 7.9.

Appears in 8 contracts

Samples: Indenture (Group 1 Automotive Inc), Indenture (MasterBrand, Inc.), Indenture (Switch, Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying any other agent of the Trustee or any Agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 8 contracts

Samples: Indenture (Forestar Group Inc.), Indenture (Howard Hughes Corp), Indenture (Howard Hughes Corp)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an any Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must comply with Sections 11.9 and 11.11is also subject to Section 7.9.

Appears in 5 contracts

Samples: Indenture (Brinker International, Inc), Indenture (PROG Holdings, Inc.), Indenture (Vertiv Holdings Co)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the Issuer Company or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar Registrar or co-paying agent Registrar may do the same with like rights. However, the Trustee must comply with Sections 11.9 7.10 and 11.117.11 hereof.

Appears in 4 contracts

Samples: Indenture (Penelec Capital Trust), Indenture (Metropolitan Edison Co), Indenture (Pennsylvania Electric Co)

Individual Rights of the Trustee. The Subject to Sections 7.10 and 7.11, the Trustee in its individual or any other capacity may become the owner or pledgee of Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer or an Affiliate of the Issuer and receive, collect, hold and retain collections from the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 4 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD), Indenture (Nortel Networks LTD)

Individual Rights of the Trustee. The Subject to Section 7.10, the Trustee in its individual or any other capacity may become the owner or pledgee of Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer or an Affiliate of the Issuer and receive, collect, hold and retain collections from the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 4 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Individual Rights of the Trustee. The Trustee shall not, in its individual or any other capacity capacity, but may in a fiduciary capacity, become the owner or pledgee of Notes and Notes. The Trustee may otherwise deal with the Issuer or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Note Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 6.11 and 11.116.12.

Appears in 3 contracts

Samples: Indenture (Reliance Acceptance Group Inc), Paragon Auto Receivables Corp, Paragon Auto Receivables Corp

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the any Issuer or an Affiliate of the any Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 11.6.

Appears in 3 contracts

Samples: Limited Guarantee (Amerco /Nv/), Limited Guarantee (Amerco /Nv/), Limited Guarantee (Amerco /Nv/)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar Registrar or co-paying any other agent of the Trustee may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 3 contracts

Samples: Alliance Resource Partners Lp, Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer ARG or an Affiliate of the Issuer ARG with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 10.8.

Appears in 3 contracts

Samples: Vanguard Car Rental Group Inc., Vanguard Car Rental Group Inc., Indenture (Autonation Inc /Fl)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or an any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must comply with Sections 11.9 and 11.11is also subject to Section 7.9.

Appears in 3 contracts

Samples: Indenture (American Finance Trust, Inc), Indenture (Bloomin' Brands, Inc.), Indenture (Global Net Lease, Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of the Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the The Trustee must comply with Sections 11.9 and 11.11is also subject to Section 7.10.

Appears in 2 contracts

Samples: Supplemental Indenture (Insight Enterprises Inc), Supplemental Indenture (RingCentral, Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer AFC-II or an Affiliate of the Issuer AFC-II with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 10.8.

Appears in 2 contracts

Samples: Base Indenture (Avis Rent a Car Inc), Base Indenture (Avis Rent a Car Inc)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 10.8.

Appears in 2 contracts

Samples: Vanguard Car Rental Group Inc., Vanguard Car Rental Group Inc.

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or an Affiliate of the Issuer their Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying any other agent of the Trustee or any Agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 2 contracts

Samples: Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with is subject to Trust Indenture Act Sections 11.9 310(b) and 11.11.311. For purposes of Trust Indenture Act Sections 311(b)(4) and (6):

Appears in 2 contracts

Samples: Supplemental Indenture (Shea Homes Limited Partnership), Supplemental Indenture (Shea Homes Limited Partnership)

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Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an any Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must comply with is also subject to Sections 11.9 7.10 and 11.117.11 hereof.

Appears in 2 contracts

Samples: Indenture (Xenia Hotels & Resorts, Inc.), Supplemental Indenture (Xenia Hotels & Resorts, Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 12.9 and 11.1112.11.

Appears in 2 contracts

Samples: Base Indenture (CHS Inc), CHS Inc

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar Registrar or co-paying any other agent of the Trustee may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Indenture (Brookfield Residential Properties Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Securitization Entities or an Affiliate of the Issuer Securitization Entities with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.Section 10.4

Appears in 1 contract

Samples: Planet Fitness, Inc.

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must comply with Sections 11.9 and 11.11is also subject to Section 7.9. SECTION 7.4.

Appears in 1 contract

Samples: Indenture (Atkore Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an any Affiliate of the Issuer Company with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rightsrights and duties. However, the The Trustee must shall comply with Section 310(b) of the TIA. The Trustee is also subject to Sections 11.9 7.10 and 11.117.11 hereof.

Appears in 1 contract

Samples: Indenture (Amerco /Nv/)

Individual Rights of the Trustee. The Trustee Trustee, any Agent or any Registrar in its individual or any other capacity (including in its capacity as an Agent) may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an any Affiliate of the Issuer with the same rights it would have if it were not Trustee, Collateral Agent or Agent. Any Paying Agent, Transfer Agent The Trustee is subject to Sections 310(b) and Registrar, co-registrar or co-paying agent may do 311 of the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11Trust Indenture Act.

Appears in 1 contract

Samples: Indenture (Core Scientific, Inc./Tx)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or an Affiliate of the Issuer their Affiliates with the same rights it would have if it were not the Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar Registrar or co-paying any other agent of the Trustee may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Indenture (Brookfield Residential Properties Inc.)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections Section 11.9 and Section 11.11.

Appears in 1 contract

Samples: Custodial Agreement (Brooke Credit CORP)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Thrifty Finance or an Affiliate of the Issuer Thrifty Finance with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 9.8.

Appears in 1 contract

Samples: Management Services Agreement (Dollar Thrifty Automotive Group Inc)

Individual Rights of the Trustee. The Subject to Sections 7.10 and 7.11, the Trustee in its individual or any other capacity may become the owner or pledgee of Exchangeable Notes with the same rights it would have if it 34 were not the Trustee and may otherwise deal with the Issuer Company or an Affiliate of the Issuer Company and receive, collect, hold and retain collections from the Company with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Navistar Financial Corp

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or an Affiliate of the Issuer its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar Registrar or co-paying any other agent of the Trustee may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Indenture (Iamgold Corp)

Individual Rights of the Trustee. The Subject to Section 7.10 hereof, the Trustee in its individual or any other capacity may become the owner or pledgee of Notes with the same rights it would have if it were not the Trustee and may otherwise deal with the Issuer or an Affiliate of the Issuer and receive, collect, hold and retain collections from the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Indenture (Cemex Sab De Cv)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or an Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11.

Appears in 1 contract

Samples: Indenture (Fat Brands, Inc)

Individual Rights of the Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer RCFC or an Affiliate of the Issuer RCFC with the same rights it would have if it were not Trustee. Any Paying Agent, Transfer Agent and Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.9 and 11.11is subject to Section 9.8.

Appears in 1 contract

Samples: Occupancy and Services Agreement (Dollar Thrifty Automotive Group Inc)

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