Common use of Preferential Collection of Claims Against Company Clause in Contracts

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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 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 . For purposes of 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.:

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a 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 Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). The Trustee is subject to Section 311(a) of the Trust Indenture Act, excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed replaced shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under 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 has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions Securities (other than by reason 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 a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to any and all applicable provisions of the Trust Indenture Act, including Section 311(a) of the Trust Indenture Act, regarding the collection of claims against the Company or such other obligor. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities)Notes, the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act § 311(a) regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture ActAct § 311(b). A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act § 311(a) to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a 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 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 has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated thereinindicated.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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 trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311 (a) to the extent indicated provided therein.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If -------------------------------------------------- and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of any claims as a creditor 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 that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of such 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 that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the SecuritiesKDSM Senior Debentures), 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 has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a 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 Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). The Trustee is subject to Section 311(a) of the Trust Indenture Act, excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed replaced shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of claims any claim as a creditor 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 that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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 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 has resigned or has been removed shall be subject to the Trust Indenture Act, Section 311(a) of the Trust Indenture Act to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 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), excluding any creditor relationships described in Section 311(b. For purposes of SECTION 311(b)(4) AND (6) of such Act, the Trust Indenture Act. A Trustee who resigned or has been removed following terms shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.mean:

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company Issuers (or any other obligor upon under 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 Issuers (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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 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 obligor whether or not this Indenture is qualified under the Trust Indenture Act. For purposes of 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.:

Preferential Collection of Claims Against Company. If and ------------------------------------------------- when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor Obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligorObligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under 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 has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311 (a) to the extent indicated therein.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, 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.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under 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 has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN

Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under 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 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 trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein, as qualified by Trust Indenture Act Section 311(b).