Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 1012 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Reynolds Presto Products Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities)) as provided in the Trust Indenture Act, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 73 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Axos Financial, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 67 contracts
Samples: Indenture (Louisiana Power & Light Co /La/), Indenture (DPL Inc), Indenture (Texas Utilities Co /Tx/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 55 contracts
Samples: Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Rooster HoldCo, Ltd.), Indenture (Bonanza Creek Energy, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 52 contracts
Samples: Senior Indenture (PHX Minerals Inc.), Subordinated Indenture (PHX Minerals Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, of the Company (or of any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or against any such other obligor, as the case may be).
Appears in 44 contracts
Samples: Indenture (Nymox Pharmaceutical Corp), Indenture (Barrett Business Services Inc), Indenture (Nymox Pharmaceutical Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 26 contracts
Samples: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny), Indenture (Comstock Resources Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 25 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 24 contracts
Samples: Contingent Value Rights Agreement (Cartesian Therapeutics, Inc.), Merger Agreement (Selecta Biosciences Inc), Contingent Value Rights Agreement (Akorn Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, any Subsidiary Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, such Subsidiary Guarantor or any such other obligor).
Appears in 23 contracts
Samples: Subordinated Indenture (Falcon Aero Holdings LLC), Senior Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Contango Venture Capital Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or any Guarantor (or any such other obligor).
Appears in 18 contracts
Samples: Indenture (Blackstone Inc.), Indenture (Blackstone Holdings I L.P.), Subordinated Indenture (Blackstone Holdings I L.P.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b)(4) and (6) of such Act, the following terms shall mean:
Appears in 17 contracts
Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 16 contracts
Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 3.11 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to and comply with said Section 3.11 to the extent required thereby.
Appears in 16 contracts
Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 16 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Debt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 16 contracts
Samples: Indenture (Wejo Group LTD), Indenture (Fuller H B Co), Indenture (Bremer Financial Corporation)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b)(4) and (6) of the Trust Indenture Act:
Appears in 15 contracts
Samples: Indenture (General Electric Co), Indenture (General Electric Co), Senior Indenture (Cleco Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein. ARTICLE SEVEN
Appears in 15 contracts
Samples: Indenture (Uag Connecticut I LLC), Indenture (Uag Mentor Acquisition LLC), Indenture (Concentric Network Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to and comply with said Section 311 to the extent required thereby.
Appears in 11 contracts
Samples: Indenture (Chesapeake Corp /Va/), Indenture (First Chicago NBD Corp), Indenture (First Chicago NBD Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 11 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (United Natural Foods Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Guarantor or any such other obligor).
Appears in 11 contracts
Samples: Indenture (Highland Holdings S.a r.l.), Indenture (Thermo Electron Corp), Indenture (Thermotrex Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 10 contracts
Samples: Indenture (Apple Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon on the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 9 contracts
Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN
Appears in 8 contracts
Samples: Indenture (Great West Life & Annuity Insurance Capital I), Indenture (Corporacion Durango Sa De Cv/), Indenture (Siebel Systems Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 8 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC), Indenture (Maremont Exhaust Products, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent provided therein.
Appears in 8 contracts
Samples: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 8 contracts
Samples: Indenture (NextWave Wireless LLC), Non Recourse Secured Notes Indenture (NextWave Wireless LLC), Indenture (Orbital Imaging Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon of the Securities), the Trustee shall be subject to the provisions terms of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 7 contracts
Samples: Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources Finance Co), Indenture (Price/Costco Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 7 contracts
Samples: Participation Rights Agreement (Schering Plough Corp), Merger Agreement (Eaton Corp), Contingent Payment Rights Agreement (Fusion Systems Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebt Securities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) of the Trust Indenture Act:
Appears in 6 contracts
Samples: Indenture (Progress Energy Inc), Indenture (For Debt Securities) (Carolina Power & Light Co), Indenture (Carolina Power & Light Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSenior Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Guarantor or any other such other obligor).
Appears in 6 contracts
Samples: Indenture (Blount International Inc), Indenture (Bp PLC), Indenture (Bp PLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Debt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securitiessecurities of any Series), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)
Preferential Collection of Claims Against Company. If -------------------------------------------------- and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Junior Subordinated Indenture (National Commerce Financial Corp), Indenture (Xerox Corp), Junior Subordinated Indenture (Central Fidelity Capital Trust I)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Capital Automotive Reit), Senior Indenture (Sinclair Television Co Ii Inc), Subordinated Indenture (Wsyt Licensee L P)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or the Guarantor or any such other obligor).
Appears in 5 contracts
Samples: Indenture (Mesa Air New York, Inc.), Indenture (Mesa Air New York, Inc.), Indenture (Ual Corp /De/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor). A trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent provided therein.
Appears in 5 contracts
Samples: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Arch Capital Group Ltd.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent provided therein. ARTICLE SEVEN
Appears in 5 contracts
Samples: Indenture (360networks Inc), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor of the Company (or any other obligor upon the Securities), ) the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Contingent Payment Rights Agreement (Baxter International Inc), Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc), Contingent Payment Rights Agreement (Somatogen Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), Indenture (Unumprovident Financing Trust Iii)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Subordinated Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities or the Coupons, if any), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Indenture Agreement (Washington Mutual Inc), First Supplemental Indenture (Washington Mutual Inc), Standard Multiple Series Indenture Provisions (Aristar Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities)Company, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Enron Capital Trust Ii), Indenture (Enron Preferred Funding Ii L P), Indenture (Enron Capital Trust I)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or such Guarantor (or any such other obligor).
Appears in 4 contracts
Samples: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Subordinated Indenture (Medtronic Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon Indenture Obligor under the Guaranties and the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, or any other obligor upon the Securities)Guarantor, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust I)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. A Trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent indicated therein. ARTICLE SEVEN
Appears in 4 contracts
Samples: Subordinated Indenture (Capital Automotive Reit), Senior Indenture (WSTR Inc), Subordinated Indenture (WSTR Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company Parent (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company Parent (or any such other obligor).
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Cubist Pharmaceuticals Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN
Appears in 4 contracts
Samples: Indenture (CSC Holdings Inc), Indenture (CSC Parent Corp), Indenture (Atmos Energy Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Nomura America Finance, LLC), Senior Debt Indenture (Goldman Sachs Group Inc), Junior Subordinated Indenture (FPC Capital Ii)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Senior Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 4 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of any claims as a creditor against the Company (or any such other obligor). A Trustee that has resigned or been removed shall be subject to and comply with said Section 311 to the extent required thereby.
Appears in 4 contracts
Samples: Indenture (Banc One Corp /Oh/), Indenture (Wilmington Trust Corp), Indenture (Waste Connections Inc/De)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b) (4) and (6) of the Trust Indenture Act, the following terms shall mean:
Appears in 4 contracts
Samples: Indenture (Psi Energy Inc), Indenture (Union Light Heat & Power Co), Indenture (Cinergy Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or of any other obligor upon on the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)obligor on the Securities.
Appears in 4 contracts
Samples: Indenture (Georgia Pacific Corp), Indenture (Roper Industries Inc /De/), Indenture (Infocure Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, the Subsidiary Guarantors or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, the Subsidiary Guarantors or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Universal Brixius Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Indenture (Poindexter J B & Co Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon on the Securities)Notes, the Trustee shall be subject to and comply with the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the issuing Company or the Guarantor (as applicable) (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the such Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Inc)
Preferential Collection of Claims Against Company. If and when the Indenture Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebentures), the Indenture Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Sections 311(a) and 311(b) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Carlisle Companies Inc), Indenture (Contifinancial Corp), Indenture (Carlisle Companies Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to comply with the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or the Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor)) and, if applicable, to mandatory provisions of the laws of foreign jurisdictions regarding the collection of such claims.
Appears in 3 contracts
Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.), Senior Indenture (Allianz Finance III B.V.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). Section 614.
Appears in 3 contracts
Samples: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). SECTION 614.
Appears in 3 contracts
Samples: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company or any Guarantor (or any other obligor upon the SecuritiesNotes), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company or such Guarantor (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company or the Guarantors (or any other obligor upon the SecuritiesNotes), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantors (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (Company, any Subsidiary Guarantor or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, any Subsidiary Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Subordinated Debt Indenture (Key3media Group Inc), Subordinated Debt Indenture (Key3media Events Inc), Indenture (Key3media Events Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSenior Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SIX
Appears in 3 contracts
Samples: Indenture (Cell Therapeutics Inc), Indenture (Asm International N V), Indenture (Cell Therapeutics Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon on the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Bally Franchise RSC Inc), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Franchise RSC Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Senior Subordinated Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 3 contracts
Samples: Senior Subordinated Indenture (Owens & Minor Inc/Va/), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesDebt Securities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Devon Energy Corp/De), Indenture (For Subordinated Debt Securities) (Devon Financing Trust Ii), Indenture (Devon Financing Trust Ii)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities of a Series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). A trustee who has resigned or been removed shall be subject to the Trust Indenture Act Section 311(a) to the extent provided therein.
Appears in 3 contracts
Samples: Indenture (Delphi Financial Group Inc/De), Indenture (Security Capital Assurance LTD), Indenture (Arch Capital Group LTD)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Teck Metals Ltd.), Indenture (Teck Cominco LTD), Indenture (Pitney Bowes Inc /De/)
Preferential Collection of Claims Against Company. If and ------------------------------------------------- when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Indenture (United Parcel Service of America Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligorobligor upon the Notes).
Appears in 3 contracts
Samples: Indenture (Spectra Energy Partners, LP), Indenture (Southwestern Energy Co), Indenture (Louisville Gas & Electric Co /Ky/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Purchase Agreement (World Airways Inc /De/), Indenture (Hilb Rogal & Hamilton Co /Va/), Indenture (Speedway Motorsports Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligorobligor upon the Securities).
Appears in 3 contracts
Samples: Senior Note Indenture (Anthem Inc), Subordinated Note Indenture (Anthem Inc), Senior Note Indenture (Anthem Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or the Guarantor(or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Xtra Finance Corp), Indenture (Berkshire Hathaway Inc), Indenture (Berkshire Hathaway Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Geotek Communications Inc), Indenture (Mindspring Enterprises Inc), Indenture (Mindspring Enterprises Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act)), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)) to the extent applicable.
Appears in 2 contracts
Samples: Bond Indenture, Mortgage, Deed of Trust, Security Agreement (Aquila Inc), Indenture of Mortgage and Deed of Trust (Aquila Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 3.11 of the Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 3.11(b)(4) and (6) of such Act, the following terms shall mean:
Appears in 2 contracts
Samples: Indenture (Petrobras International Finance Co), Indenture (Petrobras International Finance Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities, including any Guarantor), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor, including any Guarantor).
Appears in 2 contracts
Samples: Indenture (Yellow Roadway Technologies Inc), Indenture (Usfreightways Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311 and any other provision of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor), as the case may be.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes or any Senior Subordinated Guarantee), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (R H Donnelley Corp), Indenture (Hollywood Theaters Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. For purposes of Section 311(b)(4) and (6) of the Trust Indenture Act:
Appears in 2 contracts
Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Diversified Healthcare Trust)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).. 57 57
Appears in 2 contracts
Samples: Indenture (Chemed Capital Trust), Indenture (Chemed Corp)
Preferential Collection of Claims Against Company. If To the extent that the Trust Indenture Act applies to this Indenture or any supplemental indenture, if and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (AppLovin Corp), Indenture (Marvell Technology Group LTD)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or of any other obligor upon the SecuritiesSecurities or the Coupons, if any), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Polaroid Corp), Indenture (Polaroid Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.), Contingent Value Rights Agreement (APP Pharmaceuticals, Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesBonds), the Trustee shall be subject to the any and all applicable provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).Trust
Appears in 2 contracts
Samples: Subordinated Indenture (Duke Power Co /Nc/), Subordinated Indenture (Duke Power Co /Nc/)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor)Company.
Appears in 2 contracts
Samples: Senior Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (J P Morgan Chase & Co)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company or any Guarantor (or any other obligor upon the SecuritiesSecurities or the Subordinated Guarantees endorsed thereon), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any Guarantor or any such other obligor).
Appears in 2 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor -62- 71 upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of the Trust Indenture Inden- ture Act regarding the collection of claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Western Resources Inc /Ks), Indenture (Western Resources Capital Ii)
Preferential Collection of Claims Against Company. If and when the Trustee shall be is or become becomes a creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall will be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)
Preferential Collection of Claims Against Company. If and when In the event the Trustee shall be or become a creditor of the Company (or any other obligor upon the SecuritiesNotes, including the Guarantor), the Trustee shall be subject to comply with the provisions of Section 311 of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor, including the Guarantor).
Appears in 2 contracts
Samples: Indenture (Embraer S.A.), Indenture (Empresa Brasileira De Aeronautica S.A.)
