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 1004 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal 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 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), Note (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 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.), Supplemental Indenture (Maxeon Rooster HoldCo, Ltd.), Indenture (Bonanza Creek Energy, 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: Nymox Pharmaceutical Corp, Barrett Business Services Inc, Senior Indenture (Commerce Union Bancshares, 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 35 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Imperial Petroleum Inc./Marshall Islands)
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: Assignment and Assumption Agreement (Cartesian Therapeutics, Inc.), Agreement and Plan of Merger (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: Falcon Aero Holdings LLC, Falcon Aero Holdings LLC, 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 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 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: Wejo Group LTD, Indenture (Wells Fargo & Co/Mn), Indenture (Fuller H B 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 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 15 contracts
Samples: Subordinated Indenture (Royalty Pharma Holdings Ltd.), Indenture (KKR & Co. Inc.), Indenture (KKR & 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 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: General Electric Co, Indenture (General Electric Co), Indenture (Reliant 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 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 (Concentric Network Corp), Indenture (Marsh Village Pantries Inc), Indenture (Bell Technology 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 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 12 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 become a creditor of the Company (or any other obligor upon the Securities)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 12 contracts
Samples: Supplemental Indenture (Concho Resources Inc), Fourteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources 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: Highland Holdings S.a r.l., Indenture (Thermo Instrument Systems Inc), 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 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: And (Abraxas Petroleum Corp), And (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 (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 (Apple Inc.), Indenture (Lindblad Expeditions Holdings, 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: Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture 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 the Securities)Notes, the Trustee shall be subject to the provisions of the Trust Indenture Act (as if such Act applied) regarding the collection of the claims against the Company (or any such other obligor).
Appears in 10 contracts
Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De), Indenture (Nii Holdings 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 TIA regarding the collection of claims against the Company (or any such other obligor).
Appears in 8 contracts
Samples: Indenture (NextWave Wireless LLC), Assignment and Security Agreement (NextWave Wireless LLC), Security Agreement (NextWave Wireless 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 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: Mho, LLC, Mho, LLC, Indenture (M/I Homes of West Palm Beach, 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 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)), Meritor Electric Vehicles, LLC, 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 SecuritiesJunior Subordinated 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).. For purposes of Section 311(b)(4) and (6) of the Trust Indenture Act:
Appears in 7 contracts
Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Agl Capital 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).. ARTICLE SEVEN
Appears in 7 contracts
Samples: Indenture (Great West Life & Annuity Insurance Capital I), Indenture (Cor Therapeutics Inc / De), Indenture (DSC Communications 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 (El Paso Natural Gas Co), Burlington Resources Finance Co, Energy Partners LTD
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: Contingent Payment Rights Agreement (Fusion Systems Corp), Payment Rights Agreement (Fusion Systems Corp), 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 7 contracts
Samples: Pebblebrook Hotel Trust, Carolina Power & Light Co, North Carolina Natural Gas 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 7 contracts
Samples: Chesapeake Corp /Va/, Indenture (Collins & Aikman Corp), Indenture (Richfood Holdings 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 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 (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: 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 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), American International Group 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 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 (Ual Corp /De/), Indenture (Ual Corp /De/), Mesa Air New York, 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: Indenture (United Parcel Service of America Inc), Hussmann International Inc, National Commerce Financial 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).. 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), Xl Capital LTD, Delphi Financial Group Inc/De
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: Rights Agreement (Baxter International Inc), Stock and VSR Purchase Agreement (Mafco Consolidated Group Inc), Stock and VSR Purchase Agreement (Mafco Consolidated Group 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 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 5 contracts
Samples: Subordinated Indenture (Wsyt Licensee L P), Indenture (WSTR Inc), Indenture (Sinclair Broadcast Group 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 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: Achieve Life Sciences, Inc., Oncogenex Pharmaceuticals, Inc., 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 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. ARTICLE SEVEN
Appears in 5 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Lease Agreement (Sinclair Broadcast Group Inc), WCHS Licensee 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 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: First Supplemental Indenture (Washington Mutual Inc), Washington Mutual Inc, 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 SecuritiesNotes (other than by reason of a relationship described in Section 311(b) of the Trustee 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 5 contracts
Samples: Indenture (PNM Resources Inc), Texas New Mexico Power Co, Indenture (PNM 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 Securities), the Trustee shall be subject to the any applicable 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 (Allegheny Energy Supply Co LLC), Allegheny Energy Supply Co LLC, Allegheny Energy Supply Co 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 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 (Waste Connections Inc/De), Indenture (Waste Connections Inc/De), Wilmington Trust 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 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), Allied Waste Industries Inc, Allied Waste Industries Inc
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), Poindexter J B & Co Inc, Fresenius National Medical Care Holdings 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).. 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 (Cinergy Corp), Cinergy 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 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: Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies 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), Agreement and Plan of Merger (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 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. SECTION 8.14.
Appears in 4 contracts
Samples: Indenture (First Chicago NBD Corp), 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 (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: Enron Capital Trust I, Enron Capital Trust I, Enron Capital Trust Ii
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: Signature Resorts Inc, Signature Resorts Inc, Signature Resorts 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: Atmos Energy Corp, Atmos Energy Corp, CSC Holdings 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: Enron Capital Trust I, Enron Capital Trust Ii, Enron Preferred Funding Ii L P
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: Medtronic Inc, Indenture (Medtronic PLC), Indenture (Medtronic 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 the Guarantor (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Nomura America Finance, LLC), Goldman Sachs Capital V, Corning Inc /Ny
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), Devon Financing Trust Ii, 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 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: Indenture (Speedway Motorsports Inc), Indenture (Hilb Rogal & Hamilton Co /Va/), Purchase Agreement (World Airways Inc /De/)
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: Berkshire Hathaway Finance Corp, Berkshire Hathaway Finance Corp, 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 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: Allied Waste Industries Inc, Allied Waste Industries Inc, Owens & Minor Inc/Va/
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), 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 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).. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 3 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 (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: Ual Corp /De/, Ual Corp /De/, Ual Corp /De/
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), d1io3yog0oux5.cloudfront.net
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: Bally Franchise RSC Inc, Bally Total Fitness Holding Corp, 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 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: El Paso Tennessee Pipeline Co, Tennessee Gas Pipeline Co, Tennessee Gas Pipeline 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 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).
Appears in 3 contracts
Samples: Teck Resources (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 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: Allianz Finance III B.V., Allianz Finance III B.V., 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 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: Carlisle Companies Inc, Contifinancial Corp, Carlisle Companies 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). SECTION 6.14.
Appears in 3 contracts
Samples: Republic New York Capital Iv, Toro Co, Toro 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 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), Iterum Therapeutics PLC, usermanual.wiki
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: Key3media Group Inc, Key3media Events Inc, 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 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), Indenture (Anthem Inc), Anthem 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). Section 614.
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, 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 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 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: Xtra Finance Corp, Berkshire Hathaway Inc, 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: Reconciliation And (Mindspring Enterprises Inc), Geotek Communications Inc, 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 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 (United Parcel Service of America Inc), Commonwealth Bankshares Inc, 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 under 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 2 contracts
Samples: Indenture (Multicanal Sa), Second Supplemental Indenture (Multicanal Sa)
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).. ARTICLE SEVEN
Appears in 2 contracts
Samples: 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 (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: Nationwide Financial Services Inc/, Nationwide Financial Services Capital Trust
Preferential Collection of Claims Against Company. (a) 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 of 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: Travelers Property Casualty Corp, Travelers Property Casualty 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 SecuritiesNotes), 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, excluding any creditor relationship listed in Trust Indenture Act Section 311(b).
Appears in 2 contracts
Samples: Anixter International Inc, 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 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 provided therein.
Appears in 2 contracts
Samples: Indenture (Nelnet Inc), Indenture (Nelnet 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 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 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: Western Resources (Western Resources Capital Ii), Western Resources Inc /Ks
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: Yellow Roadway Technologies Inc, Usfreightways 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 TIA regarding the collection of claims against the Company (or any such other obligor).. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 2 contracts
Samples: Unumprovident Financing Trust Iii, Union Planters Corp
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), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company (Company, or any such other obligor).
Appears in 2 contracts
Samples: Quanta Services Inc, Quanta Services Inc
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: Kingsway Financial Services Inc, Kingsway Financial Services Inc
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), 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 Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims (whether or not litigated) against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group 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).. 57 57
Appears in 2 contracts
Samples: Chemed Capital Trust, Chemed 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 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: Supplemental Indenture (Office Properties Income Trust), Indenture (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).. ARTICLE SEVEN Holders’ Lists and Reports by Trustee and Company
Appears in 2 contracts
Samples: Indenture (American International Group Inc), American International Group 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 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 2 contracts
Samples: Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources 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 Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of claims against the Company and such Guarantor (or any such other obligor).
Appears in 2 contracts
Samples: Pep Boys Manny Moe & Jack, Abx Air 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 of 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 other such other obligor).
Appears in 2 contracts
Samples: Onb Capital Trust Iv, HCC Capital Trust Ii
