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 its Affiliates with the same rights it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they must eliminate such conflict within 90 days or resign in accordance with the terms of this Indenture.

Appears in 6 contracts

Samples: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)

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Individual Rights of the Trustee. (A) The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 ninety (90) days or resign in accordance with as Trustee. Each Note Agent will have the terms of same rights and duties as the Trustee under this IndentureSection 10.03.

Appears in 3 contracts

Samples: Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Rooster HoldCo, Ltd.)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 days or resign in accordance with as Trustee. Each Note Agent will have that same rights and duties as the terms of trustee under this IndentureSection 10.03.

Appears in 3 contracts

Samples: Indenture (2U, Inc.), Indenture (Oil States International, Inc), Indenture (2U, Inc.)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 ninety (90) days or resign in accordance with as Trustee. Each Note Agent will have the terms of same rights and duties as the Trustee under this Indenture‎Section 10.03.

Appears in 2 contracts

Samples: Indenture (Ani Pharmaceuticals Inc), Indenture (Biora Therapeutics, 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 its Affiliates any Affiliate of the Company with the same rights it would have if it were not the Trustee; and any Paying Agent. However, Registrar or any other agent of in the event that the Trustee acquires any conflicting interest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as the Trustee or resign as the Trustee. Any Agent and the Second Lien Collateral Agent may do the same with like rights; provided, however, that if any of them acquire any “conflicting interest” (within the meaning of rights and duties. The Trustee is also subject to Section 310(b) of the Trust Indenture Act), they must eliminate such conflict within 90 days or resign in accordance with the terms of this Indenture7.10.

Appears in 2 contracts

Samples: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 ninety (90) days or resign in accordance with as Trustee. Each Note Agent will have the terms of same rights and duties as the Trustee under this IndentureArticle 10.

Appears in 1 contract

Samples: Indenture (Nextgen Healthcare, Inc.)

Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 ninety (90) days or resign in accordance with as Trustee. Each Note Agent will have the terms of same rights and duties as the trustee under this Indenture‎Section 10.03.

Appears in 1 contract

Samples: Indenture (Lucid Group, Inc.)

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Individual Rights of the Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes any Note and may otherwise deal with the Issuer Company or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if any of them acquire any the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they then it must eliminate such conflict within 90 ninety (90) days or resign in accordance with as Trustee. Each Note Agent will have the terms of same rights and duties as the Trustee under this Indenture.Section 10.03. 

Appears in 1 contract

Samples: Indenture (Kadmon Holdings, 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 its Affiliates any Affiliate of the Issuers with the same rights it would have if it were not Trustee; and any Paying Agent. However, Registrar or any other agent of in the event that the Trustee may do the same with like rights; provided, however, that if acquires any of them acquire any “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they it must eliminate such conflict within 90 days or resign in accordance resign. Any Agent may do the same with the terms of this Indenturelike rights and duties. The Trustee is also subject to Section 7.9.

Appears in 1 contract

Samples: Indenture (Venator Materials PLC)

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 its Affiliates any Affiliate of the Company with the same rights it would have if it were not the Trustee; and any Paying Agent. However, Registrar or any other agent of in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as the trustee or resign. Any Agent may do the same with like rights; provided, however, that if any of them acquire any “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), they must eliminate such conflict within 90 days or resign in accordance with the terms of this Indenturerights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Amerco /Nv/)

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