Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 528 contracts
Samples: Indenture (Zion Oil & Gas Inc), Indenture (Nephros Inc), Indenture (Rekor Systems, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 464 contracts
Samples: Indenture (Marinemax Inc), Indenture (Ares Capital Corp), Indenture (Genco Shipping & Trading LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 346 contracts
Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 257 contracts
Samples: Indenture (Patrick Industries Inc), Indenture (Vse Corp), Indenture (Nerdwallet, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 204 contracts
Samples: Indenture, Indenture (Keurig Dr Pepper Inc.), Indenture (Credit Acceptance Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 140 contracts
Samples: Indenture (Inspire Veterinary Partners, Inc.), Indenture (RDE, Inc.), Indenture (Ispire Technology Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated therein.
Appears in 138 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 125 contracts
Samples: Indenture (Rite Aid Corp), Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 83 contracts
Samples: Indenture (Panther Transport Inc), Indenture (Global Crossing Holdings LTD), Indenture (Clean Towel Service Inc)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 56 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries Inc), Indenture (Helmerich & Payne, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 52 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp), Indenture (Lamb Weston Holdings, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 51 contracts
Samples: Indenture (ACRES Commercial Realty Corp.), Senior Debt Indenture (Rayonier Operating Co LLC), Indenture (Denbury Resources Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 47 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Collins & Aikman Products Co), Indenture (Leucadia National Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 44 contracts
Samples: Indenture (Tigo Energy, Inc.), Indenture (Palantir Technologies Inc.), Indenture (Zentalis Pharmaceuticals, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 35 contracts
Samples: Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp), Indenture (Great Lakes Dredge & Dock CORP)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 32 contracts
Samples: Indenture (Affirm Holdings, Inc.), Indenture (Core Molding Technologies Inc), Indenture (RR Donnelley & Sons Co)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 32 contracts
Samples: Indenture (Stanley Works), Indenture (Price Communications Corp), Indenture (Smithfield Foods Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed set forth in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 30 contracts
Samples: Indenture (Gencorp Inc), Indenture (Gencorp Inc), Indenture (Amkor Technology Inc)
Preferential Collection of Claims Against Company. The If and when the Trustee shall comply with TIA Section 311(abe or become a creditor of the Company (or other obligor under the Securities), excluding the Trustee shall be subject to the provisions of the TIA regarding the collection of claims against the Company (or any creditor relationship listed in TIA Section 311(bsuch other obligor). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 27 contracts
Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 26 contracts
Samples: Indenture (Imc Global Inc), Indenture (Chesapeake Energy Corp), Indenture (Solutia Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 24 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Triton PCS Inc), Indenture (Standard Pacific Corp /De/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who which has resigned or been removed shall be is subject to TIA Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Indenture (Hillenbrand, Inc.), Indenture (Dain Rauscher Corp), Indenture (Fingerhut Companies Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Supplemental Indenture (BALL Corp), Fifteenth Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 19 contracts
Samples: Indenture (Stanley Works), Dollar Indenture (JSG Acquisitions I), Euro Indenture (JSG Acquisitions I)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA TTA Section 311(a) to the extent indicated thereinindicated.
Appears in 19 contracts
Samples: Senior Indenture (Global Ship Lease, Inc.), Subordinated Indenture (Global Ship Lease, Inc.), Senior Indenture (Global Ship Lease, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). ): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 18 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture, Indenture (Amc Entertainment Holdings, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA is subject to Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 18 contracts
Samples: Indenture (Sterling Bancorp), Indenture (Hallmark Financial Services Inc), Indenture (Gray Television Inc)
Preferential Collection of Claims Against Company. The If and when the Trustee shall be or become a creditor of the Company, the Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 17 contracts
Samples: Indenture (Ciena Corp), Indenture (Ciena Corp), Indenture (Aar Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or has been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 16 contracts
Samples: Indenture (UL Solutions Inc.), Indenture (PLBY Group, Inc.), Indenture (Xilinx Inc)
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 16 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (NortonLifeLock Inc.), Investment Agreement
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (Abc Naco Inc), Indenture (Nike Inc), Indenture (Danaher Corp /De/)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (Idex Corp /De/), Indenture (Geron Corporation), Indenture (Windmere Durable Holdings Inc)
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 12 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Indenture (Azz Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 12 contracts
Samples: Indenture (Triton PCS Holdings Inc), Indenture (Fabrene Group Inc), Indenture (Pen Tab Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 11 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (Paxson Communications Corp), Indenture (Samsonite Corp/Fl)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor on the Notes.
Appears in 11 contracts
Samples: Indenture (Hawk Corp), Indenture (Stuart Entertainment Inc), Indenture (Affinity Group Holding Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 11 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)
Preferential Collection of Claims Against Company. The -------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 10 contracts
Samples: Indenture (Banctec Inc), Indenture (Hudson Respiratory Care Inc), Indenture (DR Sales Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed set forth in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (Vion Pharmaceuticals Inc), Indenture (Delta Air Lines Inc /De/)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor on the Notes.
Appears in 10 contracts
Samples: Indenture (Piccadilly Cafeterias Inc), Indenture (Archibald Candy Corp), Indenture (Amerco /Nv/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (Duane Reade Inc), Indenture (Key Production Co Inc), Indenture Agreement (MDC Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with be subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Aspirity Holdings LLC), Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a§ 311(a)(1) and 310(a)(5), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 9 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Cellstar Corp), Indenture (Standard Pacific Corp /De/), Indenture (Gothic Energy Corp)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Us Concrete Inc), Subordinated Debt Indenture (Lyondell Trust Iii), Subordinated Indenture (Us Concrete Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or has been removed shall be subject to TIA comply with Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 9 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with be deemed to be subject to TIA Section 311(a)) on the same basis as if this Indenture were qualified under the TIA, excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be deemed to be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 8 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE VIII
Appears in 8 contracts
Samples: Indenture (Soundhound Ai, Inc.), Indenture (Cuentas Inc.), Indenture (MICT, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 8 contracts
Samples: Indenture (Zion Oil & Gas Inc), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Eno Acquisition Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section 311(b(S) 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Samsonite Holdings Inc), Indenture (Sandhills Inc), Indenture (Pca International Inc)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 7 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Indenture (Cbre Holding Inc), Indenture (Blum Capital Partners Lp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section is subject to section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) of the TIA to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Birds Eye Foods, Inc.), Indenture (Pool Energy Services Co), Indenture (Kragen Auto Supply Co)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT Discharge of Indenture Section
Appears in 7 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Packaged Ice Inc), Indenture (Walbro Corp), Indenture (Packaged Ice Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Stanley Works), Indenture (Winstar Communications Inc), Indenture (Argo Tech Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. If the Trustee acquires any conflicting interest as defined in the TIA it shall eliminate such conflict within 90 days, apply to the Commission for permission to continue or resign.
Appears in 6 contracts
Samples: Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Inc /De/)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Merrill Lynch Preferred Capital Trust V), Indenture (Tyco International LTD /Ber/), Indenture (Tyco International LTD /Ber/)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 311 (a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 31I (a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), First Supplemental Indenture (Akoustis Technologies, Inc.)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (United Refining Co), Indenture (United Refining Co), Indenture (Tenneco Inc)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Alliance Imaging of Michigan Inc), Indenture (Building One Services Corp), Indenture (Building One Services Corp)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Television LLC), Indenture (Aearo CO I)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 77kkk(a), excluding any creditor relationship listed in TIA Section 311(b§ 77kkk(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 77kkk(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Sixth Supplemental Indenture (Metropcs Communications Inc), Fifth Supplemental Indenture (Metropcs Communications Inc), Second Supplemental Indenture (Metropcs Communications Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company, as obligor on the Notes.
Appears in 6 contracts
Samples: Indenture (Therma Wave Inc), Indenture (Management Solutins Inc/), Indenture (Dade International Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor credit or relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Ocean Energy Inc), Indenture (Global Crossing LTD), Indenture (Ocean Energy Inc)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Sailors Inc), Indenture (Delco Remy International Inc), Indenture (Harborside Healthcare Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company as obligor on the Notes.
Appears in 5 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). 311(6): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Qunar Cayman Islands Ltd.), Indenture (Avago Technologies LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (BPZ Resources, Inc.), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)
Preferential Collection of Claims Against Company. The If and when the Trustee shall comply with be or become a creditor of the Company, the Trustee shall be subject to the provisions of the TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b)regarding the collection of claims against the Company. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section SECTION 311(a), excluding any creditor relationship listed in TIA Section SECTION 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section SECTION 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (General Semiconductor Inc), Indenture (Hexcel Corp /De/), Indenture (Circus Circus Enterprises Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section S 311(a), excluding any creditor relationship listed in TIA Section S 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section S 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De), Indenture (Iron Mountain Inc /De)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.indicated. ARTICLE EIGHT Discharge of Indenture Section
Appears in 4 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Just for Feet Specialty Stores Inc), Indenture (Stillwater Mining Co /De/), Indenture (Plasma & Materials Technologies Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a311 (a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Raintree Healthcare Corp), Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (Section) 311(a), excluding any creditor relationship listed in TIA Section (Section) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (Section) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (NTL Inc /De/), Indenture (Eer Systems Inc), Indenture (Trimas Corp)
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE
Appears in 4 contracts
Samples: Indenture (Renco Steel Holdings Inc), Indenture (Kimberton Enterprises Inc), Indenture (Nationsrent Inc)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Moore Labels Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT
Appears in 4 contracts
Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Royster-Clark Nitrogen Realty LLC), Indenture (GPPD Inc), Indenture (Ames Department Stores Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section is subject to TIAss. 311(a), excluding any creditor relationship listed in TIA Section TIAss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section TIAss. 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Osullivan Industries Inc), Indenture (Young & Rubicam Inc), Indenture (Aki Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Wolverine Tube Inc), Indenture (Toyota Motor Credit Corp), Indenture (NPR Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed described in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Subordinated Debt Indenture (PRGX Global, Inc.), Subordinated Debt Indenture (PRGX Global, Inc.), Senior Subordinated Indenture (Kulicke & Soffa Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 311 (a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Transdigm Inc), Indenture (Polypore International, Inc.), Indenture (Daramic, LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Plains Resources Inc), Indenture (Forman Petroleum Corp), Indenture (Plains Resources Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a(s)311(a), excluding any creditor relationship listed in TIA Section 311(b(s)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(s)311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (MTL Inc), Indenture (Ametek Inc/), Indenture (Pacer Express Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311(a) shall apply to the Company and its Subsidiaries, as obligor on the Notes.
Appears in 3 contracts
Samples: Indenture (New World Restaurant Group Inc), Indenture (New World Coffee Manhattan Bagel Inc), Indenture (Discovery Zone Inc)
Preferential Collection of Claims Against Company. The If and when the Trustee shall be or become a creditor of the Company, the Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Fisher Scientific International Inc), Indenture (Tower Automotive Inc), Indenture (Quiksilver Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Westinghouse Air Brake Technologies Corp), Indenture (Trinity Marine Products, Inc.), Indenture (Trinity Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a)§ 311, excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (CPM Holdings, Inc.), Indenture (CPM Holdings, Inc.), Indenture (Interhealth Facility Transport, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section sec. 311(a), excluding any creditor relationship listed in TIA Section sec. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section sec. 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Firstmiss Gold Inc), Indenture (Om Group Inc), Indenture (K&f Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section Sections 311(a), excluding any creditor relationship listed in TIA Section Sections 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section Sections 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section §311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Catamaran PBM of Illinois II, Inc.), Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 'SS' 311(a), excluding any creditor relationship listed in TIA Section 'SS' 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 'SS' 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Gentek Inc), Indenture (Leucadia National Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed described in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Senior Subordinated Indenture (Kulicke & Soffa Industries Inc), Senior Indenture (Kulicke & Soffa Industries Inc), Subordinated Indenture (Kulicke & Soffa Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.
Appears in 3 contracts
Samples: Indenture (Del Monte Foods Co), Indenture (Icn Pharmaceuticals Inc), Securities Purchase Agreement (Wilson Greatbatch Technologies Inc)
