Common use of Individual Rights of Trustee Clause in Contracts

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 25 contracts

Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Natural Resource Partners Lp)

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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 Issuers, any Guarantor 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 defined described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. Any 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 24 contracts

Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Range Resources 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 23 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 19 contracts

Samples: Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 15 contracts

Samples: Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.), Indenture (Parsley 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, TIA it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 14 contracts

Samples: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 14 contracts

Samples: Indenture (Holly Energy Partners Lp), Indenture (Catalog Resources, Inc.), Supplemental Indenture (Susser Holdings 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Supplemental Indenture has been qualified under the Trust Indenture Act) or resign. Any 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 14 contracts

Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 12 contracts

Samples: Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc), Indenture (Axiall 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 Issuers, any Guarantor 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 defined in within the meaning of the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee (if this Indenture has been qualified under 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 12 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)

Individual Rights of Trustee. The Trustee in its individual commercial banking or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuers, any Guarantor Subsidiary Guarantors or any Affiliate of the Company with the same rights it would have if it were not Trustee. Any Affiliate of the Trustee or Agent may do the same with like rights and duties. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue (if this Indenture has been qualified under the TIA) as trustee 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 (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp), Supplemental Indenture (Atlas Pipeline 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Supplemental Indenture (Ion Geophysical 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 7 contracts

Samples: Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Supplemental Indenture (Western Refining Logistics, LP), Supplemental Indenture (Calumet Specialty Products Partners, 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 make loans to, accept deposits from, perform services for or otherwise deal with either the Issuers, any Guarantor Issuer or any Affiliate of the Company 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 (as defined in within the meaning of Section 310(b) of the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is shall also be subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 7 contracts

Samples: Indenture (Cooper-Standard Holdings Inc.), Supplemental Indenture (Cooper-Standard Holdings Inc.), Indenture (Mueller Water Products, 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 7 contracts

Samples: Indenture (Tesoro Logistics Northwest Pipeline LLC), Indenture (PBF Logistics LP), Indenture (Tesoro Logistics 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 Issuers, any Guarantor Issuer 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 defined such term is used in the TIATrust Indenture Act) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under the Trust Indenture Act) 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 6 contracts

Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide 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 Issuers, any Guarantor Issuers 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 defined such term is used in the TIATrust Indenture Act) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under the Trust Indenture Act) or resign. Any 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 6 contracts

Samples: Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC), Indenture (Summit Materials, 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuingTIA §310(b), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 6 contracts

Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (Broadcom 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, if required, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 6 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications 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 Issuers, any Guarantor Company or any Affiliate of the Company with the same rights it would have if it were not TrusteeTrustee and nothing 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 defined in by the TIA) after a Default has occurred and is continuing, TIA it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee days or resign. Any 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 6 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuinginterest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any 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 6 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the Issuers, any Guarantor 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 defined in within the TIAmeaning of TIA ss. 310(b)) after a Default has occurred and is continuing, it must eliminate such conflict conflicting interest within 90 daysdays after Default, apply to the SEC for permission to continue as trustee trustee, 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 5 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Pennsylvania Real Estate Investment Trust

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 Issuers, any Guarantor Issuer or any Affiliate of the Company 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 (as defined in the TIA) after a Default has occurred and is continuingTrust Indenture Act, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is shall also be subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 5 contracts

Samples: Indenture (Brinks Co), Indenture (Brinks Co), Indenture (James Hardie Industries 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 daysdays after ascertaining it has such conflicting interest, apply to the SEC for permission to continue as trustee or resignresign to the extent and in the manner provided by, and subject to the provisions of, the TIA and this Indenture. 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 5 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 5 contracts

Samples: Indenture (Wynn Las Vegas LLC), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)

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 Issuers, any Guarantor 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 defined described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to request from the SEC for permission to continue as trustee Trustee with such conflict outstanding or resignresign as Trustee. Any 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 4 contracts

Samples: Supplemental Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (SM Energy 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 Issuers, any Guarantor 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 defined in within the TIA) after a Default has occurred and is continuing, meaning of the TIA it must eliminate such conflict within 90 days, apply (subject to the SEC consent of the Issuers) 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 Sections 7.10 and 7.11 hereof.

Appears in 4 contracts

Samples: Indenture (Oak Ridger LLC), Regulation S Global Note (Nb Finance Corp), Superior Essex 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 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 8.10 and 7.11 8.11 hereof.

Appears in 4 contracts

Samples: Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP), Indenture (Access Midstream 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 become a creditor of, or otherwise deal with with, the Issuers, any Guarantor 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 defined described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. Any The Collateral Agent and any other Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 10.10 and 7.11 hereof10.11.

Appears in 4 contracts

Samples: Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp), Intercreditor Agreement (Goodrich Petroleum 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 Issuers, any Guarantor 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 defined in the TIA) after when a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 daysdays of the date such conflict arises, apply to the SEC for permission to continue as trustee (if this Supplemental Indenture has been qualified under 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 4 contracts

Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications 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 Issuers, any Guarantor 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 defined in interest, and a default occurs with respect to the TIA) after a Default has occurred and is continuingNotes, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee or resign. Any Agent authentication agent, any Agent, or any other agent of the Trustee may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 Section 8.10 and 7.11 Section 8.11 hereof.

Appears in 4 contracts

Samples: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), First Supplemental Indenture (Akoustis 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 daysdays after determining such conflicting interest, apply to the SEC for permission to continue as trustee or resignresign to the extent and in the manner provided by, and subject to the provisions of, the TIA and this Indenture. Any 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 4 contracts

Samples: Delta Energy Center, LLC, Delta Energy Center, LLC, Calpine 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 Issuers, any Guarantor Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. Unless otherwise provided by law, the foregoing shall not by itself be deemed a conflicting interest. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is shall also be subject to Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Quebecor Media Inc), Subordination Agreement (Quebecor Media Inc), 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 Securities and may otherwise deal with the Issuers, any Guarantor Company or any an Affiliate of the 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 (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 9.10 and 7.11 9.11 hereof.

Appears in 3 contracts

Samples: Indenture (Young & Rubicam Inc), Doubleclick Inc, Benchmark Electronics Inc

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 Issuers, any Guarantor 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 Trust Indenture Act of 1939 (as defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Integrated Alarm Services (Integrated Alarm Services Group Inc), Protection One (Protection One Alarm Monitoring Inc), Monitronics 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 Issuers, any Guarantor Issuers 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 defined in the TIA) TIA after a Default has occurred and is continuing, ) it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 3 contracts

Samples: Indenture (Exterran Partners, L.P.), Indenture (Exterran Partners, L.P.), Indenture (Eagle Rock Energy Partners 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 become a creditor of, or otherwise deal with with, the Issuers, any Guarantor 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 defined described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to request from the SEC for permission to continue as trustee Trustee with such conflict outstanding or resignresign as Trustee. Any 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 3 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), SM Energy Co

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream 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 Issuers, any Guarantor Operating Partnership or any Affiliate of the Company Operating Partnership 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) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 3 contracts

Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, 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 IssuersCompany, any Guarantor or any Affiliate of the Company their respective 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 the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof7.11.

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

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 Co-Issuers, any Guarantor their Subsidiaries or any Affiliate of the Company their 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 (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under the Trust Indenture Act) or resign. Any 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 3 contracts

Samples: Supplemental Indenture (Petrolera San Antonio S.A.), Navios South American (Navios Maritime Holdings Inc.), Indenture (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 Issuers, any Guarantor 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 the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under the TIA) with such conflict 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 3 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Partners LP), Indenture (Antero Midstream 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 Issuers, any Guarantor 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 defined in within the TIA) after a Default has occurred and is continuing, meaning of the TIA it must eliminate such conflict within 90 days, apply (subject to the SEC consent of the Issuers) 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 Sections 7.10 and 7.11 hereof7.11.

Appears in 3 contracts

Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group 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 Issuers, any Guarantor 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 defined in within the TIA) after a Default has occurred and is continuing, meaning of the TIA it must eliminate such conflict within 90 days, apply (subject to the SEC consent of the Issuer) 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 Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Gci Inc), Indenture (General Communication Inc), Covenants (Readers Digest Association 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 3 contracts

Samples: Range Resources (Range Resources Corp), Indenture (Range Resources Corp), Indenture (WildHorse Resource Development 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 3 contracts

Samples: Supplemental Indenture (Symbion Inc/Tn), Usp Mission Hills, Inc., Select Specialty Hospital Topeka 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 IssuersCompany, 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Supplemental Indenture (Exterran Holdings Inc.), Indenture (Bristow Group Inc), Indenture (Medic Systems Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Notes, makes loans to, accept deposits from and perform services for the Issuer or its Affiliates and may otherwise deal with the Issuers, any Guarantor Issuer or any an 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within (ninety) 90 days, apply to the SEC 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 Sections Section 7.10 and Section 7.11 hereof.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp), Usec 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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: Supplemental Indenture (Chesapeake Energy Corp), Indenture (Memorial Resource Development 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 Issuers, any Parent Guarantor or any Affiliate of the Company Parent Guarantor with the same rights it would have if it were not Trustee. Any Affiliate of the Trustee or Agent may do the same with like rights and duties. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) after a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 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 Sections Section 7.10 and Section 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co 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 Issuers, any Guarantor 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 defined in Section 310(b) of the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 2 contracts

Samples: Subordination Agreement (Cheniere Energy Inc), Indenture (Cheniere Energy Partners, L.P.)

Individual Rights of Trustee. The Trustee or any of its Affiliates, each 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 the IssuersCompany, any Guarantor its Subsidiaries or any Affiliate of the Company their respective Affiliates with the same rights it would have if it were not Trustee or an Affiliate of the Trustee. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 Section 7.09 hereof.

Appears in 2 contracts

Samples: Supplemental Indenture (American Airlines Inc), Indenture (Continental Airlines Inc /De/)

Individual Rights of Trustee. The Subject to the Trust Indenture Act, the Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuers, any Guarantor 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 defined described in the TIA) after a Default has occurred and is continuingTrust Indenture Act, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Nationstar Sub1 LLC), Indenture (Nationstar Sub2 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuinginterest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Sections Section 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the Issuers, any Guarantor or any Affiliate of the Company their 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 (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any Agent may do the same with like rights and dutiesrights. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Daron Coal Company, LLC, Daron Coal Company, 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 Issuers, any Guarantor Issuer 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 7.10 and 7.11. In addition, the Trustee shall be permitted to engage in transactions with the event Issuer; provided, however, that if the Trustee acquires any conflicting interest (as defined under TIA Section 310(b) (subject to the proviso in Section 7.10), the TIATrustee must (a) after a Default has occurred and is continuing, it must eliminate such conflict within 90 daysdays of acquiring such conflicting interest, (b) apply to the SEC for permission to continue acting as trustee Trustee or (c) 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: Yum Brands Inc, Yum Brands 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 IssuersCompany, 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 (Apparel Holding Corp.), Indenture (Apparel Holding Corp.)

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 Issuers, any Guarantor 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 defined described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. Any 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 (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)

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 Issuers, any Guarantor Company or any Affiliate of the Company its Subsidiaries or 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 defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Ames True Temper, Inc.), Ames True Temper, 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 Issuers, any Guarantor Issuers 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 defined such term is used in the TIATrust Indenture Act) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under the Trust Indenture Act) 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 (Hilton Worldwide Holdings 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 become a creditor of, or otherwise deal with with, the Issuers, any Guarantor Issuers 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 described in the TIA (as defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Windstream Services, LLC), Windstream Services, LLC

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Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Debt Securities and may otherwise deal with the Issuers, any Guarantor Company or any Affiliate of the Company with the same rights as it would have if it the Trustee were not Trusteethe Trustee hereunder. However, in the event that the Trustee acquires any conflicting interest (as defined in accordance with the TIA) after a Default has occurred and is continuing, TIA it must eliminate such conflict conflicting interest within 90 days, apply to the SEC for permission to continue as trustee Trustee or resign. Any Agent Paying Agent, Registrar or co-registrar may do the same with like rights and dutiesrights. The Trustee is also shall at all times remain subject to Sections Section 7.10 and 7.11 hereofSection 7.11.

Appears in 2 contracts

Samples: Indenture (CVS Corp), Indenture (CVS 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuingTIA §310(b), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 (Broadcom Cayman L.P.), Indenture (Broadcom LTD)

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 Issuers, any Guarantor 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 Trust Indenture Act of 1939 (as defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Texas Industries Inc), Execution (Venture 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuinginterest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any Agent 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 2 contracts

Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any The Collateral Agent, the Custodian, and 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 (A. M. Castle & Co.), Indenture (Total Plastics, Inc.)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the Issuers, any Guarantor 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 defined in within the TIAmeaning of TIA Section 310(b)) after a Default has occurred and is continuing, it must eliminate such conflict conflicting interest within 90 daysdays after Default, apply to the SEC for permission to continue as trustee trustee, 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 (Annuity & Life Re Holdings LTD), Indenture (Annuity & Life Re 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 (Global Geophysical Services Inc), Indenture (Global Geophysical Services 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 IssuersIssuer, any Guarantor the Subsidiary Guarantors or any Affiliate of the Company Issuer or the Subsidiary Guarantors 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) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee or resign, if necessary. 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 (Amf Bowling Worldwide Inc), Amf Bowling Worldwide Inc

Individual Rights of Trustee. The Trustee in its individual commercial banking or any other capacity may become the owner or pledgee of Notes and may otherwise deal with the Issuers, any Guarantor or any Affiliate of the Company Issuers with the same rights it would have if it were not Trustee. Any Affiliate of the Trustee, and 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Tronox Inc), Tronox (Tronox 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 Issuers, any Guarantor 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 defined in the TIA) after when a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 daysdays of the date such conflict arises, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the Trust Indenture Act) 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 (T-Mobile Innovations LLC), Indenture (T-Mobile US, 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 IssuersCompany, 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such that conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee 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 (Endeavor International Corp), Indenture (Endeavour International Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Securities and may otherwise deal with the Issuers, any Guarantor 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 defined in within the TIAmeaning of TIA § 310(b)) after a Default has occurred and is continuing, it must eliminate such conflict conflicting interest within 90 daysdays after the default referred to in such § 310(b), apply to the SEC for permission to continue as trustee trustee, 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: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and may become a creditor of, or otherwise deal with with, the Issuers, any Guarantor Issuer 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 defined described in the TIA) after a Trust Indenture Act while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. Any Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereofSection 7.09.

Appears in 2 contracts

Samples: Indenture (Kinetik Holdings Inc.), Indenture (Kinetik Holdings Inc.)

Individual Rights of Trustee. The Trustee or any of its Affiliates, each 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 the IssuersParent, any Guarantor its Subsidiaries or any Affiliate of the Company their respective Affiliates with the same rights it would have if it were not Trustee or an Affiliate of the Trustee. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 Section 7.09 hereof.

Appears in 2 contracts

Samples: United Air Lines Inc, United Air Lines 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must (i) eliminate such conflict within 90 days, (ii) apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or (iii) 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 (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 Issuers, any Guarantor 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 defined in the TIA) after when a Default has occurred and is continuing, continuing it must eliminate such conflict within 90 daysdays of the date such conflict arises, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 (T-Mobile US, Inc.), Indenture (Metropcs Communications 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 Issuers, any Guarantor Subsidiary Guarantors or any Affiliate of the Company Partnership 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) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Management Agreement (Leviathan Finance Corp), Indenture (El Paso Energy Partners Deepwater LLC)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Debt Securities and may otherwise deal with the Issuers, any Guarantor Company or any Affiliate of the Company with the same rights as it would have if it the Trustee were not Trusteethe Trustee hereunder. However, in the event that the Trustee acquires any conflicting interest (as defined in accordance with the TIA) after a Default has occurred and is continuing, Trust Indenture Act it must eliminate such conflict conflicting interest within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee or resign. Any Agent Paying Agent, Registrar or co-registrar may do the same with like rights and dutiesrights. The Trustee is also shall at all times remain subject to Sections Section 7.10 and 7.11 hereofSection 7.11.

Appears in 2 contracts

Samples: Indenture (CVS Caremark Corp), CVS (CVS Caremark 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 Issuers, any Guarantor the Subsidiary Guarantors or any Affiliate of the Company Issuers or the Subsidiary Guarantors 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) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Foamex Capital Corp), Indenture (Foamex 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 Issuers, any Guarantor 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 defined in Section 310(b) of the TIA) after a Default has occurred and is continuingTrust Indenture Act, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Aramark), Indenture (Aramark)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes notes and may otherwise deal with the Issuers, either Issuer or any Guarantor or any Affiliate of the Company either Issuer 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 (as defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 (Gogo Inc.), Indenture (Gogo 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 Issuers, any Guarantor 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 it is defined in the TIA) after a Default has occurred and is continuingTIA § 310), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under the TIA) or resign. Any Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 7.11 and 7.11 7.12 hereof.

Appears in 2 contracts

Samples: Indenture (Inmarsat Launch CO LTD), Indenture (Inmarsat 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 Issuers, any Guarantor 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 within the meaning of Section 310(b) of the U.S. Trust Indenture Act of 1939, as amended (as defined in if the TIA) after a Default has occurred and is continuingTrust Indenture Act were applicable hereto), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee days 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 hereofSection 7.09.

Appears in 2 contracts

Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)

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 Issuers, any Guarantor Company or any Affiliate of the Company 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 described in the TIA) after a TIA while any Default has occurred and is continuingexists, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. Any Agent may do the same with like rights and duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.10.

Appears in 1 contract

Samples: California Resources 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 Issuers, any Guarantor 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 defined in within the TIA) after a Default has occurred and is continuingmeaning of TIA Section 310(b), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 1 contract

Samples: 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 (Superior Energy Services 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 Issuers, any Guarantor Revel or any Affiliate of the Company Revel 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) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 1 contract

Samples: Indenture (Revel Entertainment Group, LLC)

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 Issuers, any Guarantor 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 defined described in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC Commission for permission to continue as trustee Trustee with such conflict or resignresign as Trustee. 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 (Helix Energy Solutions 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 become a creditor of, or otherwise deal with with, the Issuers, any Guarantor Issuer 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 Trust Indenture Act of 1939 (as defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Digitalnet 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 Issuers, Company or any Guarantor or any Affiliate of the 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 (as defined in within the TIAmeaning of Section 3.10(b) after a Default has occurred and is continuing, of the TIA it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Rayovac 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 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 defined in the TIATrust Indenture Act) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections Section 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Summit Midstream Partners, LP)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Notes, makes loans to, accept deposits from and perform services for the Issuer or its Affiliates and may otherwise deal with the Issuers, any Guarantor Issuer or any an 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Majestic Holdco, 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if this Indenture has been qualified under 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 hereof7.11.

Appears in 1 contract

Samples: Indenture (Lmi Aerospace 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 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof. Section 7.04.

Appears in 1 contract

Samples: Summit Midstream 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 become a creditor of, or otherwise deal with with, the Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuingeffect at such time), it must eliminate such conflict within 90 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 Sections Section 7.10 and 7.11 hereofSection 7.11.

Appears in 1 contract

Samples: Indenture (Acco Brands 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 IssuersCompany, any Subsidiary 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Chesapeake Oilfield Operating 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 Issuers, Issuer or any Guarantor or any Affiliate of the Company Issuer 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 (as defined in within the TIAmeaning of Section 3.10(b) after a Default has occurred and is continuing, of the TIA it must eliminate such conflict within 90 days, apply to the SEC 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 Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Anchor 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 Issuers, any Guarantor 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (if this Indenture has been qualified under 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 Section 7.11 hereof.

Appears in 1 contract

Samples: Entercom Communications 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 Issuers, any Subsidiary 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 defined in the TIA) after a Default has occurred and is continuing, it must eliminate such conflict within 90 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 Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Chesapeake Oilfield (Mid-States Oilfield Supply LLC)

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