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 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 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 217 contracts

Samples: Indenture (General Motors Financial Company, Inc.), Indenture (Newmarket Corp), Indenture (Dominion Textile (Usa), L.L.C.)

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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 otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as defined in the TIA) 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 24 contracts

Samples: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc), Indenture (United Musical Instruments Usa 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 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 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 and 7.11 hereof.

Appears in 21 contracts

Samples: Indenture (Nuveen Investments Holdings, Inc.), Indenture (Nuveen Investments Holdings, Inc.), Indenture (VWR Funding, 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 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 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 12 contracts

Samples: Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx), Indenture (Autonation Inc /Fl)

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 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 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 11 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Senior Indenture (Pegasus Communications Corp), Indenture (Asia Global Crossing LTD)

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 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 (within the meaning of TIA ss. 310(b)) 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 10 contracts

Samples: Indenture (Navigators Group Inc), Senior Indenture (Harleysville Group Inc), Subordinated Indenture (Rli 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 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 it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee (if any of the Notes are registered pursuant to the Securities 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 hereof7.11.

Appears in 10 contracts

Samples: Indenture (Echostar DBS Corp), Indenture (Echostar Communications Corp), Indenture (Echostar 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 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 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 8 contracts

Samples: Indenture (Nextwave Personal Communications Inc), Indenture (Merrill Corp), Indenture (Condor Systems 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 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) 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 8 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, 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 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 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 8 contracts

Samples: Indenture (Avatex Funding Inc), Indenture (Quaker Holding Co), Indenture (Decisionone Corp /De)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 8 contracts

Samples: Indenture (Hawker Beechcraft Quality Support Co), Indenture (Varsity Spirit Corporation), Indenture (Hyperion 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 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 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 7 contracts

Samples: Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, 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 any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in In the event that the Trustee acquires any conflicting interest interest, however, 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 4 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Fine Jewelry 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 Issuers or any an 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) 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 dutiesrights. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 4 contracts

Samples: Indenture (Majestic Investor Capital Corp), Indenture (Majestic Investor Capital Corp), Indenture (Majestic Star Casino 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 Company or any Affiliate of the Company Compete 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, 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 4 contracts

Samples: Indenture (Dawson Production Services Inc), Indenture (Taylor Companies Inc), Indenture (Parker Drilling Co /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 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 interest, 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 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Notes and may otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest 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 also subject to Sections 7.10 and 7.11 hereof.

Appears in 3 contracts

Samples: Indenture (Ameriking Inc), Indenture (Ameriking Inc), Indenture (Ameriking 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 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, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue days or resign as trustee or resignTrustee. 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 3 contracts

Samples: Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.), Indenture (New Fortress 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 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 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 (Stericycle Inc), Indenture (Scotts Company), Indenture (Scotts Company)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Notes and may otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest 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 also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 3 contracts

Samples: Indenture (Jordan Telecommunication Products Inc), Indenture (Motors & Gears Inc), Indenture (Kinetek 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 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) 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 (Doubleclick Inc), Indenture (Young & Rubicam Inc), Indenture (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 otherwise deal with the Company either Issuer or any Affiliate of the Company either 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, 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 (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)

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 Company, any Restricted Subsidiary or any Affiliate of the Company or any Restricted Subsidiary 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, 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 (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De)

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 Company or Company, any Affiliate Subsidiary of the Company Company, or their respective Affiliates, with the same rights it would have if it were not Trustee. 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, 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 must comply with Sections 7.10 8.10 and 7.11 hereof8.11.

Appears in 2 contracts

Samples: Indenture (International Fast Food Corp), Indenture (International Fast Food Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Exchange Debentures and may otherwise deal with the Company Holdings or any Affiliate of the Company Holdings 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) 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 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as defined in the Trust 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 duties. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Oxford Health Plans Inc), Indenture (Hvide Marine 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 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 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 (American Re Corp), Indenture (KSL Recreation 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 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 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 (Metromedia Fiber Network Inc), Indenture (Metromedia Fiber Network 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 Company, the Guarantors, or any Affiliate of the 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, 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 (Holmes Products Corp), Indenture (Holmes Products 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 Company, the Guarantor or any Affiliate of the Company 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, 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 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Musicland Group Inc /De), Indenture (Musicland Stores 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 Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 dutiesrights. The However, the Trustee is also subject to Sections 7.10 5.6, 9.10 and 7.11 hereof9.11.

Appears in 2 contracts

Samples: Indenture (Integra Lifesciences Holdings Corp), Indenture (Integra Lifesciences 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 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 interest, it must eliminate such 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 (Pacific Aerospace & Electronics Inc), Indenture (Pacific Aerospace & 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 otherwise deal with the Company Company, the Subsidiary Guarantors 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 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 2 contracts

Samples: Indenture (Canton Oil & Gas Co), Indenture (Lomak Petroleum 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 Company, the Guaranteeing Subsidiaries 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 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 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Graham Field Health Products Inc), Indenture (Advanced Medical 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 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 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 (Paramount Resources LTD), Indenture (Paramount Resources 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 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 interest, it must eliminate such 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 (Caraustar Industries Inc), Indenture (Caraustar 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 otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest it must eliminate such 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 dutiesrights. The Trustee is also subject to Sections 7.10 and 7.11 hereof.

Appears in 2 contracts

Samples: Indenture (Chancellor Media Corp of Los Angeles), Indenture (Katz Media Group 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 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 interest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee and receive such permission or resign. Any Agent may do the same with like rights and duties. The Further, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Dailey Petroleum Services Corp), Indenture (Dailey 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 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 interest, it must eliminate such 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 6.10 and 7.11 6.11 hereof.

Appears in 2 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Subordinated Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Debentures and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in In the event that the Trustee acquires any conflicting interest interest, however, 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 2 contracts

Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises 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 Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest it must eliminate such 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 dutiesrights. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 2 contracts

Samples: Indenture (Gfsi Inc), Indenture (Gfsi 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 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, 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 (American Seafoods Inc), Indenture (Wdra Food Service 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 Otherwise deal with the Company Company, the Guarantors or any Affiliate of the 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, 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 (Cpi 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 otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (J Crew 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 Company or Holdco or any Affiliate of the Company or Holdco 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, 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: Note Purchase Agreement (Merrill Corp)

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 Company Company, its Subsidiaries, or any Affiliate of the Company 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 interest, it must eliminate such conflict within 90 days, apply to the SEC 83 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 must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Euro Indenture (MDCP Acquisitions I)

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 an Obligor or any Affiliate of the Company an Obligor 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, 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (MGC 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 Company Company, the Guarantors 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 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Conmed 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 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 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 (Petco Animal Supplies 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 Company Issuers or any Affiliate of the Company Issuers with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (National Crane 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 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 it must eliminate such conflict within 90 days, apply to the SEC 66 76 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 (Decisionone 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 Company or any Affiliate of Issuers and the Company Note 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, 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 (Las Vegas Sands 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 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 must comply with Sections 7.10 and 7.11 of this Indenture. In addition, if the Trustee has any conflicting interest within the meaning of Section 3.10 of the TIA 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 (PPC Publishing 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 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 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 9.10 and 7.11 9.11 hereof.

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

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 Company Company, its Subsidiaries, or any Affiliate of the Company 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, apply to the SEC 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 must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Preem Holdings Ab Publ)

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 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 it must eliminate such 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 8.10 and 7.11 8.11 hereof.

Appears in 1 contract

Samples: Exhibit (Check Mart of New Mexico 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 Company, the Guarantors or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in accordance with the requirements of the TIA, in the event that the Trustee acquires any conflicting interest 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 (Metal Management 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 Company 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 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 dutiesrights. The However, the Trustee is also subject to Sections 7.10 5.10, 9.10 and 7.11 hereof9.11.

Appears in 1 contract

Samples: 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 Debentures and may otherwise deal with the Company Issuer or any Affiliate of the Company Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Thermadyne Holdings Corp /De)

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 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 within the meaning of the TIA it must eliminate such conflict within 90 days, or apply (subject to the SEC consent of the Company) 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 SECTIONS 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Medis Technologies LTD)

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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 Securities and may otherwise deal with the 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 interest, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee and not be denied such permission, 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 1 contract

Samples: Indenture (Michael 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 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 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, if any. The Trustee is also subject to Sections 7.10 7.11 and 7.11 7.12 hereof.

Appears in 1 contract

Samples: Indenture (Personal Care 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 Company or any Guarantors or any Affiliate of the 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, 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Dobson 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 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 interest, 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 dutiesrights. The However, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Berry Plastics 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 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 within the meaning of the TIA it must eliminate such conflict within 90 ninety (90) days, or apply (subject to the SEC consent of the Company) 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 SECTIONS 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Terremark 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 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 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.. -58- 62

Appears in 1 contract

Samples: Indenture (Printpack Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Exchange Debentures and may otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest 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 also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Ameriking Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee pledgees of Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 1 contract

Samples: Indenture (Covad Communications 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 Company Issuer or any Affiliate of the Company Issuer with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest described in TIA ss. 310(b), it must eliminate such 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 1 contract

Samples: Indenture (A 1 Homes Group Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes and as such may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Matrix Capital Corp /Co/)

Individual Rights of Trustee. The Trustee Trustee, in its individual or any other capacity capacity, may become the owner or pledgee of Notes Debentures and may otherwise deal with the Company Holdings or any Affiliate of the Company Holdings 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, 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 (Grove Holdings Capital 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 Company Company, any Guarantor or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Wright Bilt 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 Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 9.10 and 7.11 hereof9.11.

Appears in 1 contract

Samples: Indenture (Cubist Pharmaceuticals 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 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 interest, it must shall 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 1 contract

Samples: Indenture (Advanced Radio Telecom 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 SFC or any Affiliate of the Company SFC 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, 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 Section 7.10 and Section 7.11 hereof.

Appears in 1 contract

Samples: Indenture (S&c Holdco 3 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 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 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 (O Ray 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 Company Issuers or any Affiliate of the Company either 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, 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 (Club Regina Resorts 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 Issuer or any Affiliate of the Company Issuer 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, 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, as specified therein, of this Indenture.

Appears in 1 contract

Samples: Indenture (Mortgage & Realty Trust)

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 any Affiliate of the Company 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, as specified in Section 310(b) 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 Section 5.10 and 7.11 hereofSection 5.11.

Appears in 1 contract

Samples: Indenture (Transtel 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 Company Company, the Guarantors or any Affiliate of the Company or any Guarantor with the 52 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, 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Von Hoffmann 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 Company or any Affiliate of the Company with the same 59 63 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, 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 (Printpack Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Secured Discount Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Sf Holdings 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 Company Holdings or any Affiliate of the Company Holdings 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, 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Ap 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 other-wise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Casino Magic of Louisiana 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 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 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 (Envirosource 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 Company, the Guarantors 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 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 and 7.11 hereof.

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Debentures and may otherwise deal with the Company Holding or any Affiliate of the Company Holding 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, 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 (Aki Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Subordinated Exchange 77 Notes and may otherwise deal with the Company or any an Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that if the Trustee acquires any conflicting interest 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 also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Jordan Telecommunication 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 Company Issuers, the Guarantors, or any Affiliate of the Company Issuers 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, 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 (Unicco Service 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 Company Co-Issuers or any Affiliate of the Company Co-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, 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 1 contract

Samples: Indenture (General Growth 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 Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, subject to and in accordance with Section 310(b) of the TIA, in the event that the Trustee acquires any conflicting interest it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as 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 (Alliance Gaming 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 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 if the Trustee acquires any conflicting interest in respect of the Holders, it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee Trustee or resign. Any Agent Paying Agent, Registrar, co-registrar or co-paying agent may do the same with like rights and dutiesrights. The However, the Trustee is also subject to must comply with Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Ucar 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 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 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 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Windmere Durable Holdings Inc)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Senior Notes and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest interest, 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 and 7.11 hereof.

Appears in 1 contract

Samples: Senior Note Indenture (Intermedia 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 Company Company, the Guarantors or any Affiliate of the 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, 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 (Dyersburg Corp)

Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Notes Bonds and may otherwise deal with the Company or any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest 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 (Edison Mission Finance 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 Company or any an Affiliate of the Company with the same rights it would have if it were not the Trustee. However, in the event that if the Trustee acquires any conflicting interest 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 dutiesrights. The Trustee is also subject to Sections 7.10 and 7.11 hereof7.11.

Appears in 1 contract

Samples: Indenture (Jordan Industries 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 Company Company, the Subsidiary Guarantors 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 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 (Continental Resources 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 any Affiliate of the Company with the same rights it would have if it were not Trustee. However, in the event that the Trustee acquires any conflicting interest (as such term is defined in TIA Section 310(b)), it must eliminate such conflict within 90 days, apply to the SEC for permission to continue as trustee (to the extent permitted by TIA Section 310(b)) 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 (Claxson Interactive Group Inc)

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