Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 17 contracts
Samples: Indenture (Community Choice Financial Inc.), Indenture (Community Choice Financial Inc.), Passu Intercreditor Agreement (BMC Stock Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 14 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the 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 defined in Section 310(b) of the TIA, it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as Trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 13 contracts
Samples: Indenture (Moog Inc.), Indenture (Triumph Group Inc), Triumph Group Inc
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest within the meaning of TIA Section 310(b), it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 12 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 10 contracts
Samples: Intercreditor Agreement (Sabre Corp), Intercreditor Agreement (Sabre Corp), Indenture (Sabre Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 9 contracts
Samples: Supplemental Indenture (Vanguard Health Systems Inc), Supplemental Indenture (Vanguard Health Systems Inc), Indenture (Ventas Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 9 contracts
Samples: Intercreditor Agreement, Supplemental Indenture (TerraForm Power, Inc.), Supplemental Indenture (TerraForm Power, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may make loans to, accept deposits from, perform services for or otherwise deal with the either Issuer or any Affiliate of the Issuer Guarantor, or any Affiliates thereof, with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as Trustee or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is shall also be subject to Section 7.09Sections 7.10 and 7.11.
Appears in 7 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 7 contracts
Samples: Indenture (Healthcare Royalty, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Catalent, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 7 contracts
Samples: Indenture (Organon & Co.), Indenture (Organon & Co.), Indenture (Organon & Co.)
Individual Rights of Trustee. The Trustee or Agents in its their individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any an Affiliate of the Issuer with the same rights it would have if it they were not TrusteeTrustee or Agent. However, in the event that the Trustee or any Agent acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 7 contracts
Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 hereof.
Appears in 6 contracts
Samples: Directing Holder (Wynn Resorts LTD), Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas LLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 6 contracts
Samples: Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 6 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (MGM Resorts International)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 6 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest within the meaning of the Trust Indenture Act, it must eliminate such conflict within 90 days or resignresign as Trustee. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 6 contracts
Samples: Indenture (Covanta Holding Corp), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.9. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Notes.
Appears in 6 contracts
Samples: Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may make loans to, accept deposits from, perform services for or otherwise deal with either the Issuer or any Affiliate of the Issuer Guarantor, or any Affiliates thereof, with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as Trustee or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is shall also be subject to Section 7.09Sections 7.10 and 7.11.
Appears in 5 contracts
Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuer, the Guarantor or any Affiliate of the Issuer their 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, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 5 contracts
Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 of this Indenture.
Appears in 5 contracts
Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 used in the Trust Indenture Act) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 5 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Finance of America Companies Inc.), Indenture (Performance Food Group Co)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 defined in the TIA it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 5 contracts
Samples: Satisfaction And (AMC Networks Inc.), Supplemental Indenture (Forterra, Inc.), Indenture (Adient PLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or the Company or any Affiliate of the Issuer their respective Affiliates or Subsidiaries with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interests it must eliminate such conflict within 90 days days, or resign. Any Agent (or their affiliates) may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.10.
Appears in 5 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 5 contracts
Samples: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resignresign as Trustee hereunder. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 5 contracts
Samples: Liberty Global PLC, Supplemental Indenture (Liberty Global PLC), Supplemental Indenture (Liberty Global PLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 5 contracts
Samples: Indenture (Petco Holdings Inc), Indenture (Petco Holdings Inc), Senior Notes Indenture (Surgical Care Affiliates, Inc.)
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 and Section 7.10.
Appears in 5 contracts
Samples: Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest after an Event of Default has occurred and is continuing it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 5 contracts
Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the an Issuer or any Affiliate of the an Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 ninety (90) days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 5 contracts
Samples: Indenture (Niska Gas Storage Partners LLC), Global Security (Radio One, Inc.), Indenture (Radio One, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 4 contracts
Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (United States Steel Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 4 contracts
Samples: Indenture (Stericycle Inc), Indenture (Carters Inc), Indenture (Stericycle Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal engage with the Issuer Issuer, its Subsidiaries or any Affiliate of the Issuer their respective Affiliates in other transactions with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as trustee or resign. Any Agent may do the same with like rights rights. However, the Trustee must comply with Sections 7.10 and duties. The Trustee is also subject to Section 7.097.11.
Appears in 4 contracts
Samples: Indenture (PQ Systems INC), Warner Chilcott PLC, LCE AcquisitionSub, Inc.
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuer, a Guarantor or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resigndays. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 4 contracts
Samples: ESAB Corp, Indenture (Colfax CORP), Supplemental Indenture (Esterline Technologies Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 4 contracts
Samples: Indenture (Western Refining, Inc.), Indenture (Western Refining, Inc.), Decrane Holdings Co
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10 hereof.
Appears in 4 contracts
Samples: Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10.
Appears in 4 contracts
Samples: Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/), Indenture (Lions Gate Entertainment Corp /Cn/)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may become a creditor of, or otherwise deal with with, the Issuer Issuers, any Subsidiary Guarantor or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 4 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its 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 it must eliminate such the conflict within 90 days or resign. Any Paying Agent, Registrar, Conversion Agent or co-registrar may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Section 7.097.09 hereof.
Appears in 4 contracts
Samples: Indenture (Medicine Man Technologies, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Layne Christensen Co)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (within the meaning of the Trust Indenture Act) it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any Paying Agent or Registrar may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 4 contracts
Samples: Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.), Indenture (Virgin Media Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10 hereof.
Appears in 4 contracts
Samples: Intercreditor Agreement (Tronox Holdings PLC), Tronox Holdings PLC, Tronox LTD
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. HoweverThe Trustee may engage in other transactions; provided, however, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resignresign as Trustee. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 4 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10.
Appears in 3 contracts
Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Indenture (Centennial Resource Development, Inc.)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any a conflicting interest (as such term is used in the Trust Indenture Act) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 3 contracts
Samples: Supplemental Indenture (Consensus Cloud Solutions, Inc.), Supplemental Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 3 contracts
Samples: Indenture (Vivint Smart Home, Inc.), Security Agreement and Financing Statement (American Tire Distributors Holdings, Inc.), Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers, the Guarantor or any Affiliate of either of the Issuer Issuers or the Guarantor with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 3 contracts
Samples: Charter Communications Holdings Capital Corp, Charter Communications Holdings Capital Corp, Charter Communications Holdings Capital Corp
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may make loans to, accept deposits from, perform services for or otherwise deal with either the Issuer or any Affiliate of the Issuer Guarantor, or any Affiliates thereof, with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is shall also be subject to Section 7.09Sections 7.10 and 7.11.
Appears in 3 contracts
Samples: Supplemental Indenture (Brinks Co), Supplemental Indenture (Ingevity Corp), Indenture (Ingevity Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not Trustee. However; provided that, in the event that if the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resignresign as Trustee. Any Paying Agent or Registrar may do the same with like rights and duties. The Trustee is also subject to Section 7.09rights.
Appears in 3 contracts
Samples: Supplemental Indenture (Kronos Worldwide Inc), Execution Version (Kronos Worldwide Inc), Kronos Worldwide Inc
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any Paying Agent or Registrar may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 3 contracts
Samples: Indenture (NTL Inc), NTL:Telewest LLC, Virgin Media Inc.
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 3 contracts
Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Vine Energy Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 defined in the Trust Indenture Act) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 3 contracts
Samples: Indenture (Viper Energy Partners LP), Indenture (Rattler Midstream Lp), Indenture (Viper Energy Partners LP)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company 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 (within the meaning of the Trust Indenture Act) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 3 contracts
Samples: Block, Inc., Square, Inc., Square, Inc.
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.08 and 7.09 hereof.
Appears in 3 contracts
Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the 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, it must eliminate such conflict within 90 days and apply to the SEC for permission to continue as trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 3 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10.
Appears in 3 contracts
Samples: Supplemental Indenture (Pitney Bowes Inc /De/), Supplemental Indenture (Pitney Bowes Inc /De/), Indenture (Taylor Morrison Home Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 calendar days or resign. Any Paying Agent, Registrar, Conversion Agent or co-Registrar may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Section 7.097.10.
Appears in 3 contracts
Samples: Indenture (Castle a M & Co), Supplemental Indenture (Mindspeed Technologies, Inc), Supplemental Indenture (Castle a M & Co)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resigndays. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 3 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 2 contracts
Samples: Senior Notes Indenture (TTM Technologies Inc), Senior Notes Indenture (TTM Technologies Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers (and, prior to the Escrow Release Date, the Escrow Issuers) or any Affiliate of the Issuer 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 used in the Trust Indenture Act) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 2 contracts
Samples: Indenture (Hilton Grand Vacations Inc.), Indenture (Hilton Grand Vacations Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Company or the Issuer or any Affiliate of the Issuer their respective Affiliates or Subsidiaries with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interests it must eliminate such conflict within 90 days days, or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.10.
Appears in 2 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any Agent Paying Agent, Registrar coregistrar or copaying agent may do the same with like rights rights. However, the Trustee must comply with Sections 7.10 and duties. The Trustee is also subject to Section 7.097.11.
Appears in 2 contracts
Samples: ciusb.com.uy, wm.kgi.com.hk
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.Sections 7.09 hereof. 150
Appears in 2 contracts
Samples: Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)
Individual Rights of Trustee. The Trustee or any Agent in its respective individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuer, the Guarantors, their Subsidiaries, or any Affiliate of the Issuer their respective Affiliates with the same rights it would have if it were not Trusteethe Trustee or an Agent. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09rights.
Appears in 2 contracts
Samples: Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care AG & Co. KGaA
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company, the Guarantor, any Subsidiary or any Affiliate of the Issuer Company or the Guarantor with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest it must either eliminate such its conflict within 90 days or resignresign as Trustee under this Indenture. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10.
Appears in 2 contracts
Samples: Indenture, (Amphenol Corp /De/), Indenture, (Amphenol Corp /De/)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 defined in Section 310(b) of the Trust Indenture Act of 1939) it must eliminate such conflict within 90 days or resign. Any Paying Agent or Registrar may do the same with like rights and duties. The Trustee is must also subject to Section 7.09comply with Sections 7.10 and 7.11 hereof.
Appears in 2 contracts
Samples: Supplemental Indenture (WABASH NATIONAL Corp), Supplemental Indenture (Wabash National Corp /De)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any The Paying Agent may or Registrar do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 2 contracts
Samples: Indenture (INC Research Holdings, Inc.), Indenture (INC Research Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as Trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 2 contracts
Samples: Indenture (GameStop Corp.), Indenture (GameStop Corp.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.08 and 7.09 hereof.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 2 contracts
Samples: Indenture (Constellium N.V.), Indenture (Constellium N.V.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company, any Guarantor or any Affiliate of the Issuer 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 defined in the Trust Indenture Act of 1939, amended), it must eliminate such that conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 2 contracts
Samples: Vantage Drilling International, Indenture (Pacific Drilling S.A.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuer, its subsidiaries or any Affiliate of the Issuer its respective Affiliates with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights rights. However, the Trustee must comply with Sections 7.10 and duties. The Trustee is also subject to Section 7.097.11.
Appears in 2 contracts
Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10 hereof.
Appears in 2 contracts
Samples: Supplemental Indenture (Hc2 Holdings, Inc.), Hc2 Holdings, Inc.
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any The Collateral Agent and any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 and Section 7.10.
Appears in 2 contracts
Samples: Secured Notes Indenture (WeWork Inc.), Pledge and Security Agreement (WeWork Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.7.10 hereof. 156
Appears in 2 contracts
Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any an Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Notes.
Appears in 2 contracts
Samples: Iron Mountain Incorporated (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09rights.
Appears in 2 contracts
Samples: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Company or the Issuer or any Affiliate of the Issuer their respective Affiliates or Subsidiaries with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interests it must eliminate such conflict within 90 days days, or resign. Any Agent (or their affiliates) may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.10.
Appears in 2 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with either the Issuer Company or any Guarantor or any Affiliate of the Issuer Company or any Guarantor with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 2 contracts
Samples: Cinemark Holdings, 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 Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights and duties. However, in the event that the Trustee acquires any conflicting interest it must (i) eliminate such conflict within 90 days or (ii) resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 2 contracts
Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Subsidiary Guarantor or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is shall also be subject to Section 7.097.10 hereof.
Appears in 2 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any an Affiliate of the Issuer 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 or any Agent acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 2 contracts
Samples: Escrow Agreement (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)
Individual Rights of Trustee. The Trustee or any Agent in its respective individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer its respective Affiliates with the same rights it would have if it were not Trusteethe Trustee or an Agent. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days days, apply to the Commission for permission to continue as trustee or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.09must comply with Sections 7.9 and 7.10.
Appears in 2 contracts
Samples: Indenture (Smurfit WestRock PLC), Supplemental Indenture (Smurfit WestRock PLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate affiliate of the Issuer Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 2 contracts
Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09.
Appears in 2 contracts
Samples: Passu Intercreditor Agreement (United States Steel Corp), Indenture (United States Steel Corp)
Individual Rights of Trustee. The Trustee or any Agent in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer Issuers with the same rights it would have if it were not TrusteeTrustee or such Agent. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11.
Appears in 2 contracts
Samples: Senior Secured (Talos Energy Inc.), Senior Secured (EnVen Energy Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer 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 defined in Section 310(b) of the Trust Indenture Act of 1939, as amended) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 2 contracts
Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)
Individual Rights of Trustee. The Trustee and the Notes Collateral Agent, as applicable, in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as Trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10.
Appears in 2 contracts
Samples: Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC), Junior Priority Intercreditor Agreement (Fortress Transportation & Infrastructure Investors LLC)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days after the date it has acquired such conflicting interest or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09rights.
Appears in 2 contracts
Samples: Indenture (Telecom Argentina Sa), Indenture (Telecom Argentina Sa)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the 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 used in the Trust Indenture Act) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 2 contracts
Samples: Supplemental Indenture (Dycom Industries Inc), Indenture (Harsco Corp)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Company or the Issuer or any Affiliate of the Issuer their respective Affiliates or Subsidiaries with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interests it must eliminate such conflict within 90 days days, or resign. Any Paying Agent or Registrar may do the same with like rights and dutiesrights. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 2 contracts
Samples: Cabot Financial (Encore Capital Group Inc), Cabot Financial (Encore Capital Group Inc)
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest as defined in Section 310(b) of the Trust Indenture Act of 1939, as amended, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09rights.
Appears in 2 contracts
Samples: Note Guarantee Agreement (GeoPark LTD), Indenture (GeoPark LTD)
Individual Rights of Trustee. The Trustee and the Collateral Agent, as applicable, in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not TrusteeTrustee or Collateral Agent. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 hereof.
Appears in 2 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 hereof.
Appears in 2 contracts
Samples: Indenture (Alight Group, Inc.), Indenture (Alight Inc. / DE)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days days, apply to the SEC for permission to continue as trustee or resign. Any Agent and the Notes Collateral Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 hereof.
Appears in 2 contracts
Samples: Indenture (Cushman & Wakefield PLC), Indenture (Cushman & Wakefield PLC)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires has actual knowledge that it has acquired any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.09 and 7.10 hereof.
Appears in 2 contracts
Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer 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 it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.09 hereof.
Appears in 2 contracts
Samples: Indenture (Vivint Smart Home, Inc.), Indenture (Clarios International Inc.)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer 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 described in the Trust Indenture Act, it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 and 7.11.
Appears in 1 contract
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Issuers or any Affiliate of any of the Issuer Issuers with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest (as defined in the Trust Indenture Act of 1939, as amended, as in effect on the Issue Date) it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 1 contract
Samples: Indenture (Cedar Fair L P)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer or any Affiliate of the Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.09Sections 7.10 and 7.11 hereof.
Appears in 1 contract
Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company or any Affiliate of the Issuer its Affiliates with the same rights it would have if it were not the Trustee. However, in the event that the Trustee acquires any conflicting interest interest, it must eliminate such conflict within 90 days or resign. Any Agent may do resign in accordance with the same with like rights and dutiesterms of Section 7.08. The Trustee is also subject to Section 7.097.10.
Appears in 1 contract
Samples: Indenture (Dean Foods Co)
Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuer Company, the Guarantors or any Affiliate of the Issuer Company or the Guarantors with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Section 7.097.10 and Section 7.11 hereof.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)