Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.
Appears in 69 contracts
Samples: Indenture (Guidewire Software, Inc.), Indenture (Biora Therapeutics, Inc.), 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 any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.03.
Appears in 22 contracts
Samples: Indenture (Super Micro Computer, Inc.), Indenture (Better Home & Finance Holding Co), Indenture (Halozyme Therapeutics, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.03.
Appears in 18 contracts
Samples: Indenture (Vertex, Inc.), Indenture (Perficient Inc), Indenture (Cracker Barrel Old Country Store, Inc)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.0311.03.
Appears in 8 contracts
Samples: Indenture (SB/RH Holdings, LLC), Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.0311.03.
Appears in 7 contracts
Samples: Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition Corp.), Indenture (MultiPlan Corp)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.03.
Appears in 3 contracts
Samples: Indenture (Edgio, Inc.), Indenture (Limelight Networks, Inc.), Indenture (Limelight Networks, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee under this Section 10.03.
Appears in 3 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture ActAct of 1939, as amended), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.03.
Appears in 2 contracts
Samples: Indenture (Supernus Pharmaceuticals Inc), Indenture (K2m Group Holdings, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.0310.02(J).
Appears in 1 contract
Samples: Indenture (Imax Corp)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.will
Appears in 1 contract
Samples: Indenture (Peabody Energy Corp)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.0311.03.
Appears in 1 contract
Samples: Indenture (NRG Energy, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.0310.02(G).
Appears in 1 contract
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.11.03.
Appears in 1 contract
Samples: Indenture (Inotiv, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture ActAct of 1939, as amended), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee under this Section 10.03.
Appears in 1 contract
Samples: Indenture (K2m Group Holdings, Inc.)
Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights Table of Contents that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)