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)
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
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
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
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
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
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
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
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
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
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
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)