Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 70 contracts
Samples: Indenture (Target Hospitality Corp.), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 56 contracts
Samples: Indenture (Crown Castle International Corp), Crown Castle International Corp, Indenture (Marina Biotech, Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated therein.
Appears in 44 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.
Appears in 37 contracts
Samples: Indenture (ExamWorks Group, Inc.), Indenture (Verity Administrators, Inc.), Indenture (CONSOL Energy Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.
Appears in 33 contracts
Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Indenture (OneMain Financial Holdings, Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 31 contracts
Samples: Supplemental Indenture (XPO, Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 27 contracts
Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § 311(bSection 311 (b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.
Appears in 22 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Indenture (Autonation Inc /Fl)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed described in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated included therein.
Appears in 21 contracts
Samples: Indenture (Cheniere Energy Inc), Indenture (Skyworks Solutions Inc), Indenture (Cheniere Energy Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 15 contracts
Samples: Indenture (TransDigm Group INC), Cleveland-Cliffs Inc., TransDigm Group INC
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § section 311(a) of the TIA to the extent indicated therein.
Appears in 14 contracts
Samples: Indenture (Ameriking Inc), Indenture (Gfsi Inc), Indenture (Ameriking Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to and shall comply with the provisions of TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 13 contracts
Samples: Indenture (Conocophillips Co), Phillips 66 Co, Shell International Finance B.V.
Preferential Collection of Claims Against the Company. The Trustee is subject to and shall comply with the provisions of TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 13 contracts
Samples: Indenture (Hilltop Holdings Inc.), Indenture (Tellurian Inc. /De/), Indenture (Helix Energy Solutions Group Inc)
Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.
Appears in 12 contracts
Samples: Renal Treatment (Davita Inc.), Davita Inc., Merger Agreement (Davita Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a311 (a) to the extent indicated therein.
Appears in 12 contracts
Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Intercreditor Agreement (Cleveland-Cliffs Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (Extraction Oil & Gas, Inc.)
Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 9 contracts
Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes.
Appears in 9 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Alta One Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.
Appears in 7 contracts
Samples: Indenture (Usa Education Inc), Indenture (U S West Inc /De/), U S West Inc /De/
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Talton Invision Inc), Supplemental Indenture (Encore Industries Inc /Ga), Indenture (Auto Marketing Network Inc)
Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE
Appears in 7 contracts
Samples: Supplemental Indenture (Western Digital Corp), Western Digital Corp, WD Media, LLC
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company and any other obligor of the Securities.
Appears in 6 contracts
Samples: Indenture (Capstar Broadcasting Partners Inc), Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co)
Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated. ARTICLE NINE
Appears in 6 contracts
Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al), Indenture (Bok Financial Corp Et Al)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company and each Guarantor as obligors of the Notes.
Appears in 6 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company and any other obligor of the Notes.
Appears in 5 contracts
Samples: Armstrong Containers Inc, Cambridge Industries Inc /De, Tioxide Americas Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § ss. 311(a), excluding from the operation of TIA ss. 311(a) any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Execution (Building Materials Corp of America), Indenture (BMCA Quakertown Inc.), Execution Copy (Building Materials Corp of America)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor of the Notes.
Appears in 4 contracts
Samples: 3003969 Nova Scotia LTD, Sickinger Co, Kci New Technologies Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A retiring Trustee who has either resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Intercreditor Agreement (EM Holdings LLC), Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (Edgen Murray II, L.P.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA, as if this Indenture were governed by the same. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated, as if this Indenture were governed by the same.
Appears in 3 contracts
Samples: Indenture (Specialty Chemical Resources Inc), Specialty Chemical Resources Inc, Specialty Chemical Resources Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § shall comply with Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP), Indenture (EnLink Midstream, LLC)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who which has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Goss Holdings Inc, Goss Graphic Systems Inc, Nations Title Co Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with ss. TIA § 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Reynolds R J Tobacco Co, RJR Acquisition Corp, Rj Reynolds Tobacco Holdings Inc
Preferential Collection of Claims Against the Company. The Trustee with respect to each series of Securities is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who which has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Indenture (CVS Corp), Indenture (CVS Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor of the Notes.
Appears in 2 contracts
Samples: Philipp Brothers Chemicals Inc, Atc Group Services Inc /De/
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company and each of the Guarantors as obligor on the Notes.
Appears in 2 contracts
Samples: Indenture (North Atlantic Trading Co Inc), Financing Agreement (North Atlantic Trading Co Inc)
Preferential Collection of Claims Against the Company. The If, and to the extent that, this Indenture becomes qualified under the TIA, the Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT LEGAL DEFEASANCE AND COVENANT DEFEASANCE
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Delta Financial Corp), Delta Financial Corp
Preferential Collection of Claims Against the Company. The Trustee is and shall be subject to the provisions of TIA § §311(a). There shall be excluded from the operation of TIA §311(a) for all purposes, excluding any each creditor relationship described or listed in TIA § §311(b). A Trustee who that has resigned or been removed shall be subject to and shall comply with TIA § §311(a) to the extent indicated thereinrequired thereby.
Appears in 2 contracts
Samples: Wal Mart Stores Inc, Wal Mart Stores Inc
Preferential Collection of Claims Against the Company. The ----------------------------------------------------- Trustee is shall be subject to TIA § Sec. 311(a), excluding any creditor relationship listed arising as provided in TIA § Sec. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Sec. 311(a) to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)
Preferential Collection of Claims Against the Company. The Trustee is and shall be subject to the provisions of TIA § 311(a(S)311(a). There shall be excluded from the operation of TIA (S)311(a) for all purposes, excluding any each creditor relationship described or listed in TIA § 311(b(S)311(b). A Trustee who that has resigned or been removed shall be subject to and shall comply with TIA § 311(a(S)311(a) to the extent indicated thereinrequired thereby.
Appears in 2 contracts
Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a(S)311(a), excluding any creditor relationship listed in TIA § 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a(S)311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Finova Group Inc), Pledge and Security Agreement (Finova Group Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Indenture (Basic Energy Services Inc), Intercreditor Agreement (CONSOL Mining Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who that has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein, as qualified by TIA Section 311(b).
Appears in 2 contracts
Samples: Indenture (Associated Materials Inc), Associated Materials Inc
Preferential Collection of Claims Against the Company. The ------------------------------------------------------ Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Indenture (Metris Companies Inc), Metris Direct Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § { 311(a), excluding from the operation of TIA { 311(a) any creditor relationship listed in TIA § { 311(b). A Trustee who has resigned or been removed shall be subject to TIA § { 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.
Appears in 2 contracts
Samples: Indenture (Magnum Hunter Resources Inc), Magnum Hunter Resources Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company and any other obligor of the Notes.
Appears in 2 contracts
Samples: Covenants (Railworks Corp), Indenture (Huntsman Packaging Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § -section- 311(a), excluding any creditor relationship listed in TIA § -section- 311(b). A Trustee who has resigned or been removed shall be subject to TIA § -section- 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Indenture Assumption Agreement (Advanced Medical Inc), Graham Field Health Products Inc
Preferential Collection of Claims Against the Company. The ------------------------------------------------------ Trustee is shall be subject to TIA § Sec. 311(a), excluding any creditor relationship listed arising as provided in TIA § Sec. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Sec. 311(a) to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)
Preferential Collection of Claims Against the Company. The Upon and so long as the Indenture is qualified under the TIA, the Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be is subject to TIA § Section 311(a) to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Indenture (German American Bancorp, Inc.), Indenture (German American Bancorp, Inc.)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes. ARTICLE EIGHT
Appears in 1 contract
Samples: Indenture (Huntsman Polymers Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a)shall comply with Section 311 (a) of the TIA, excluding any creditor relationship listed in TIA § Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Passu Intercreditor Agreement (Abercrombie & Fitch Co /De/)
Preferential Collection of Claims Against the Company. (a) The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Aztar Corp
Preferential Collection of Claims Against the Company. The Trustee is shall be subject to to, and the Trustee shall at all times comply with, TIA § ss. 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereintherein whether or not this Indenture is then qualified under the TIA.
Appears in 1 contract
Samples: Indenture (Hudson United Bancorp)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE VIII LEGAL DEFEASANCE AND COVENANT DEFEASANCE Section 8.01
Appears in 1 contract
Samples: Collateral Trust Agreement (Altera Infrastructure L.P.)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA -53- § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Fresenius Medical Care AG & Co. KGaA
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. 108
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. -58-
Appears in 1 contract
Samples: Fresenius Medical Care AG & Co. KGaA
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. ARTICLE SEVEN
Appears in 1 contract
Samples: Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Preferential Collection of Claims Against the Company. (a) The Trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. (b) For the purposes of interpreting TIA Section 311 under this Section 512 only:
Appears in 1 contract
Samples: Aztar Corp
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. SATISFACTION AND DISCHARGE OF INDENTURE; DEFEASANCE
Appears in 1 contract
Samples: Indenture (Landrys Restaurants Inc)
Preferential Collection of Claims Against the Company. (a) The Trustee is subject to TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Aztar Corp
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company and any other obligor of the Senior Notes.
Appears in 1 contract
Samples: Custody and Security Agreement (Superior Financial Corp /Ar/)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.indicated
Appears in 1 contract
Samples: Agreement of Compromise and Settlement (Huntsman CORP)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to comply with TIA § 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (Plantronics Inc /Ca/)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § §311(a), excluding any creditor relationship listed in TIA § §311(b). A Trustee who has resigned or been removed shall be subject to TIA § §311(a) to the extent indicated therein. The provisions of TIA §311 shall apply to the Company and any other obligor of the Notes.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. The provisions of TIA § 311 shall apply to the Company and any other obligor of the Notes. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE
Appears in 1 contract
Samples: Indenture (Huntsman LLC)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a)311, excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.. 58 -52-
Appears in 1 contract
Samples: Lin Television Corp
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § 311(b). A Any Trustee who that has resigned or been removed shall be is subject to TIA § (S) 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: New Millennium Homes LLC
Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § 311(a), excluding any creditor relationship listed arising as provided in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Indenture (Intervest Mortgage Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE
Appears in 1 contract
Samples: Indenture (Lin Tv Corp)
Preferential Collection of Claims Against the Company. The ----------------------------------------------------- Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Indenture (Intervest Mortgage Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.. Table of Contents ARTICLE 8 LEGAL DEFEASANCE AND COVENANT DEFEASANCE
Appears in 1 contract
Samples: Equinix Inc
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(ass.311(a), excluding any creditor relationship listed in TIA § 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(ass.311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (Hvide Marine Inc)
Preferential Collection of Claims Against the Company. The ------------------------------------------------------- Trustee is shall be subject to TIA § ss. 311(a), excluding any creditor relationship listed arising as provided in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Indenture (Intervest Mortgage Corp)
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § " 311(a), excluding any creditor relationship listed in TIA § " 311(b). A Trustee who has resigned or been removed shall be subject to TIA § " 311(a) to the extent indicated therein.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee, in its capacity as Trustee is subject to hereunder, shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein. The provisions of TIA § 311 shall apply to the Company as obligor on the Notes.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein. ARTICLE VIII LEGAL DEFEASANCE AND COVENANT DEFEASANCE SECTION 8.01.
Appears in 1 contract
Samples: Indenture (TransDigm Group INC)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § (S) 311(a), excluding any creditor relationship listed in TIA § (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA § (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 1 contract
Samples: Cadmus Communications Corp/New
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § 311(a(S)311(a), excluding any creditor relationship listed in TIA § 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a(S)311(a) to the extent indicated therein. The provisions of TIA (S)311 shall refer to the Company and any Guarantor, if applicable, as obligors in respect of the Securities.
Appears in 1 contract
Samples: Oci N Corp
Preferential Collection of Claims Against the Company. The Trustee is subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) ), to the extent indicated therein.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with § TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Indenture (Reynolds American Inc)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall refer to the Company and any Guarantor, if applicable, as obligors in respect of the Securities.
Appears in 1 contract
Samples: Indenture (Lamar Advertising Co)
Preferential Collection of Claims Against the Company. The Trustee is shall be subject to TIA § Section 311(a), excluding any creditor relationship listed arising as provided in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with ' TIA § 311(a), excluding any creditor relationship listed in TIA § ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated thereinindicated.
Appears in 1 contract
Samples: Rj Reynolds Tobacco Holdings Inc
Preferential Collection of Claims Against the Company. The Trustee trustee is subject to TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA § Section 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Preferential Collection of Claims Against the Company. The Trustee trustee is subject to TIA § Section #311(a), excluding any creditor relationship listed in TIA § Section #311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA § Section #311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (Lear Corp /De/)
Preferential Collection of Claims Against the Company. The Trustee is subject to shall comply with TIA § Section 311(a), excluding any creditor relationship listed in TIA § Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.TIA
Appears in 1 contract
Samples: Pasta Group L L C
Preferential Collection of Claims Against the Company. The Following the qualification of this Indenture under the TIA, (i) the Trustee is shall be subject to TIA § 311(a), excluding any creditor relationship listed in TIA § 311(b). A , and (ii) a Trustee who has resigned or been removed shall be subject to TIA § 311(a) to the extent indicated therein.
Appears in 1 contract
Samples: Lannett Co Inc
