Common use of Individual Rights of Trustee Clause in Contracts

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 33 contracts

Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)

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Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 11 contracts

Samples: Indenture (Cv Therapeutics Inc), Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) within the meaning of the TIA), TIA it must eliminate such conflict within ninety (90) 90 days, apply (subject to the SEC consent of the Company) to the Commission for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 11 contracts

Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc, Indenture (Commemorative Brands Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) within the meaning of the TIA), TIA it must eliminate such conflict within ninety (90) 90 days, apply (subject to the SEC consent of the Company) to the Commission for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is shall also be subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 10 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (MxEnergy Holdings Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity (including in its capacity as the Collateral Agent) may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not TrusteeTrustee or Collateral Agent. Any Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 9 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities of any Series and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 9 contracts

Samples: Indenture (WVLT-TV, Inc.), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), ) after a Default has occurred and is continuing it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 8 contracts

Samples: Supplemental Indenture (Permian Resources Corp), Supplemental Indenture (Permian Resources Corp), Supplemental Indenture (Callon Petroleum Co)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), TIA it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 8 contracts

Samples: Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 11.10 and 11.11. In addition, the Trustee shall be permitted to engage in transactions with the event Company; provided, however, that if the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) the Trustee must (i) eliminate such conflict within 90 days of acquiring such conflicting interest, (ii) apply to the Commission for permission to continue acting as Trustee or resign. Any agent may do the same with like rights and duties. The (iii) resign as Trustee is also subject to Sections 7.10 and 7.11 hereofhereunder.

Appears in 8 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (Aar Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuers, any Guarantor or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture is then qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 7 contracts

Samples: Indenture (Linn Energy, LLC), Supplemental Indenture (Linn Energy, LLC), Indenture (EV Energy Partners, LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC Commission for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 7 contracts

Samples: Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc), Indenture (Apogent Technologies Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in TIA Section 3.10(b) of the TIA310(b)), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under TIA Section 310(b) of the TIA)) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 7 contracts

Samples: Indenture (Claxson Interactive Group Inc), Indenture (Tv Filme Inc), Cinemark Usa Inc /Tx

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC Commission for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and Section 7.11 hereof.

Appears in 7 contracts

Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp), Equinix Inc

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Conversion Agent, Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 8.10 and 8.11. In addition, the Trustee shall be permitted to engage in transactions with the event Company; provided, however, that if the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) the Trustee must (i) eliminate such conflict within 90 days of acquiring such conflicting interest, (ii) apply to the Commission for permission to continue acting as Trustee or resign. Any agent may do the same with like rights and duties. The (iii) resign as Trustee is also subject to Sections 7.10 and 7.11 hereofhereunder.

Appears in 5 contracts

Samples: Ciena Corp, Ciena Corp, Indenture (Ciena Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuers or any Affiliate of the Company Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 5 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 hereof5.12.

Appears in 4 contracts

Samples: Indenture (Teva Pharmaceutical Finance Bv), Indenture (Foster Wheeler LTD), Vitesse Semiconductor Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee. Any Paying Agent, Conversion Agent, Security Registrar, co-registrar or co-paying agent may do the same with like rights. However, the Trustee must comply with Sections 6.01 and 6.10. In addition, the Trustee shall be permitted to engage in transactions with the event Company; provided, however, that if the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) the Trustee must (i) eliminate such conflict within 90 days of acquiring such conflicting interest, (ii) apply to the Commission for permission to continue acting as Trustee or resign. Any agent may do the same with like rights and duties. The (iii) resign as Trustee is also subject to Sections 7.10 and 7.11 hereofhereunder.

Appears in 4 contracts

Samples: Indenture (Prospect Capital Corp), Prospect Capital Corp, Fifth Street Finance Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe Trust Indenture Act) of the TIA)after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (CST Brands, Inc.), Indenture (AMERICAN EAGLE ENERGY Corp), Holly Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 3 contracts

Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Radisys Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company Issuer or any Affiliate of the Company Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (interest, as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC Commission for permission to continue as trustee (or resign to the extent permitted under Section 310(b) of and in the TIA) or resignmanner provided by, and subject to the provisions of, the TIA and this Indenture. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Care Capital Properties, LP), Indenture (Care Capital Properties, LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC Commission for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 2 contracts

Samples: Indenture (Infocrossing Inc), Indenture (Mindspeed Technologies, Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereofof this Indenture.

Appears in 2 contracts

Samples: Pall Corp, Polyone Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity (including in its capacity as the Collateral Trustee) may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee or Collateral Trustee. Any Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or Company, any Affiliate Subsidiary of the Company or their respective Affiliates with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of under the TIA), it must shall eliminate such the conflict within ninety (90) days, apply to or resign in accordance with the SEC for permission to continue as trustee (to the extent permitted under procedures set forth in TIA Section 310(b) of ). Further, the TIA) or resign. Any agent may do the same Trustee must comply with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereofof this Indenture, and the Trustee is subject to TIA Sections 310(b) and 311.

Appears in 2 contracts

Samples: Registration Rights Agreement (Broadview Networks Holdings Inc), Indenture, (Broadview Networks Holdings Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Lear Corp), Lear Corp /De/

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.09 and 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (CVR Energy Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The the Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Lear Corp Eeds & Interiors), Lear Corp /De/

Individual Rights of Trustee. The Trustee Trustee, Agent or any other agent of the Company, in its individual or any other capacity capacity, may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee, Agent or such other agent. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in within the meaning of TIA Section 3.10(b) of the TIA310(b), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) Trustee, or resign. Any agent Agent may do exercise the same rights, with like rights and the same duties, as the Trustee under this Section 7.03. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in accordance with the requirements of the TIA, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to in the extent permitted under Section 310(b) of event such conflict arises after a Shelf Registration Statement has been filed and has been declared effective by the TIASEC) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (GPPD Inc), Timco Engine Center Inc

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and, subject to TIA Sections 310(b) and 311, may otherwise deal with the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) days, 90 days or apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 9.11 and 7.11 9.12 hereof.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Lear Corp Eeds & Interiors), Indenture (Lear Corp Eeds & Interiors)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), ) after a Default has occurred and is continuing it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.09 and 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (HighPeak Energy, Inc.), Indenture (HighPeak Energy, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 hereof5.12.

Appears in 1 contract

Samples: L 3 Communications Holdings Inc

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company its respective Affiliates with the same rights it would have if it were not Trustee. However, upon the terms stated in Section 310 of the TIA, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) Trustee or resign. Any Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Hollywood Entertainment Corp

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become be- come the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting con- flicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and dutiesdu- ties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: lundinmining.com

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bwithin the meaning of TIA (S) of the TIA310(b), ) it must eliminate such conflict conflicting interest within ninety (90) days90 days after Default, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) trustee, or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in TIA Section 3.10(b) of the TIA310(b)), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to 57 the extent permitted under TIA Section 310(b) of the TIA)) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Cinemark Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of by the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Memc Electronic Materials Inc

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Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may become a creditor of, or otherwise deal with with, the Company or any Affiliate of the Company its Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest as described in the TIA (as in effect at such term is defined in Section 3.10(b) of the TIAtime), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Paying Agent or Registrar may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and 7.11 hereofSection 7.11.

Appears in 1 contract

Samples: Office Depot (Office Depot Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not TrusteeTrustee and nothing in TIA § 313 or elsewhere in this Indenture shall deprive the Trustee of any rights as a holder or pledge of Notes. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of by the TIA), TIA it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) Trustee or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 8.10 and 7.11 hereof8.11.

Appears in 1 contract

Samples: Indenture (TitleMax of Virginia, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuers, any Guarantor or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture is then qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and Section 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 Section 5.11 and 7.11 5.12 hereof.

Appears in 1 contract

Samples: Lifetime Brands, Inc

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Company, any Guarantor or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must the Trustee shall eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture is then qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and Section 7.11 hereof.

Appears in 1 contract

Samples: Security Agreement (Trico Marine Services Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Debentures and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Broadwing Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuer or any Affiliate of the Company Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 1 contract

Samples: Indenture (BMB Munai Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) within the meaning of the TIA), TIA it must eliminate such conflict within ninety (90) 90 days, apply (subject to the SEC consent of the Company and only if Notes are registered under the Securities Act at such time) to the Commission for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof. SECTION 7.4.

Appears in 1 contract

Samples: Keystone Consolidated Industries Inc

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or the Guarantor or any Affiliate of the Company or the Guarantor with the same rights it would have if it were not Trustee. ____ 51 ____ However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 1 contract

Samples: Senior Indenture (M-Systems Flash Disk Pioneers LTD)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Senior Indenture (Kingold Jewelry, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuers or any Affiliate of the Company Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any 107 conflicting interest (as such term is defined in Section 3.10(b) of the TIA), ) after a Default has occurred and is continuing it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Jones Energy, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company Obligors or any Affiliate of the Company Obligors with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC Commission for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and Section 7.11 hereof.

Appears in 1 contract

Samples: Equinix Europe (Equinix Europe 2 Financing Corp LLC)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such 37 conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Lear Corp /De/)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe Trust Indenture Act) of the TIA)after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Bonanza Creek Energy, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe Trust Indenture Act) of the TIA)after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 8.10 and 7.11 hereof8.11.

Appears in 1 contract

Samples: Supplemental Indenture (Bonanza Creek Energy, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Issuers, the Guarantors or any Affiliate of the Company their Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe TIA after a Default has occurred and is continuing) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Exterran Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in TIA Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Fortive Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 Section 5.11 and 7.11 5.12 hereof.

Appears in 1 contract

Samples: Indenture (Dov Pharmaceutical Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Company, the Guarantors or any Affiliate of the Company their Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe TIA after a Default has occurred and is continuing) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.10.

Appears in 1 contract

Samples: Supplemental Indenture (Enerflex Ltd.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company Company, the Notes Guarantors or any Affiliate of the Company their Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(bthe TIA after a Default has occurred and is continuing) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereofSection 7.10.

Appears in 1 contract

Samples: Indenture (ProFrac Holding Corp.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Debentures and may otherwise deal with the Company or Company, any Affiliate Subsidiary of the Company Company, or their respective Affiliates with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest (as such term is defined in within the meaning of Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Wec Co

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA)) after a Default has occurred and is continuing, it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Penn Virginia Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), ) after a Default has occurred and is continuing it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee Trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 ‎7.10 and 7.11 ‎7.11 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Delek Logistics Partners, LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Notes and may otherwise deal with the Company or any Subsidiary Guarantor or any Affiliate of the Company or any Subsidiary Guarantor with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any "conflicting interest interest" (as such term is defined in Section 3.10(bTIA (S) of the TIA310(b)), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section TIA (S) 310(b) of the TIA)) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Supplemental Indenture (Encore Industries Inc /Ga)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities and may otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted if this Indenture has been qualified under Section 310(b) of the TIA) or resign. Any agent Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Bryn Mawr Bank Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Securities Debentures and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in Section 3.10(b310(b) of the TIA), it must eliminate such conflict within ninety (90) 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted under Section 310(b) of the TIA) or resign. Any agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 5.11 and 7.11 5.12 hereof.

Appears in 1 contract

Samples: Resale Registration Rights Agreement (Primus Telecommunications Group Inc)

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