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

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 72 contracts

Samples: Indenture (Target Hospitality Corp.), Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)

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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), Indenture (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.), Senior Indenture (Fuelcell Energy Inc), Subordinated 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 34 contracts

Samples: Indenture (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: 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 28 contracts

Samples: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies 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 26 contracts

Samples: Indenture (Davita Inc.), First Supplemental Indenture (Western Digital Corp), Indenture (Davita 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 (Adc Telecommunications Inc), Indenture (Blackboard 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 18 contracts

Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (TransDigm Group INC), Indenture (Cleveland-Cliffs 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 (Jordan Telecommunication Products 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), Indenture (Phillips 66 Co), Indenture (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 (Helix Energy Solutions Group Inc), Indenture (Hilltop Holdings Inc.), Indenture (Tellurian Inc. /De/)

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: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (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: Indenture (CVR Energy Inc), Indenture (CVR Energy Inc), 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 Bancshares 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. 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 (Huntsman 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.

Appears in 9 contracts

Samples: Indenture (Brand Scaffold Services Inc), Indenture (Activant Solutions Inc /De/), Indenture (WTNH Broadcasting 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 (U S West Inc /De/), Indenture (Usa Education Inc), Indenture (Usa Education 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 6 contracts

Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP), Indenture (EnLink Midstream Partners, 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. 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 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 6 contracts

Samples: Indenture (Diamond Brands Inc), Indenture (Auto Marketing Network Inc), Indenture (Encore Industries Inc /Ga)

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: Indenture (Tioxide Americas Inc), Indenture (Armstrong Containers Inc), Indenture (Cambridge Industries Inc /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 § 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: Indenture (3003969 Nova Scotia LTD), Indenture (Kci New Technologies Inc), Indenture (Safety Components Fabric Technologies 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: Indenture (RJR Acquisition Corp), Indenture (Reynolds R J Tobacco Co), Indenture (Rj Reynolds Tobacco 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 which has resigned or been removed shall be subject to TIA § ss. 311(a) to the extent indicated therein.

Appears in 3 contracts

Samples: Indenture (Goss Holdings Inc), Indenture (Nations Title Co Inc), Indenture (Goss Graphic Systems 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 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: Indenture (EM Holdings LLC), Indenture (Edgen Group Inc.), Indenture (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), Indenture (Specialty Chemical Resources Inc), Indenture (Specialty Chemical Resources 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 § 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), Indenture (CONSOL Mining Corp)

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: Indenture (Isp Holdings Inc), Indenture (Isp Holdings Inc)

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 § (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), Indenture (Metris Direct Inc)

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 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 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), Indenture (Associated Materials 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 each of the Guarantors as obligor on the Notes.

Appears in 2 contracts

Samples: Indenture (North Atlantic Trading Co Inc), Indenture (North Atlantic Trading Co 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 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: Senior Indenture (CVS Corp), Senior Indenture (CVS 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: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores 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), Indenture (Magnum Hunter Resources 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: Indenture (Finova Group Inc), Indenture (Finova Group 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.. Table of Contents LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Indenture (Equinix 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 1 contract

Samples: Indenture (Gastar Exploration USA, 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 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 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, 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

Samples: Indenture (Integrated Energy Technologies Inc)

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

Samples: 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. ARTICLE EIGHT DISCHARGE OF INDENTURE; DEFEASANCE

Appears in 1 contract

Samples: Indenture (Huntsman LLC)

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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: Indenture (New Millennium Homes LLC)

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: Indenture (Abercrombie & Fitch Co /De/)

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 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 Holdings, as obligor on the Notes.

Appears in 1 contract

Samples: Indenture (Young America Holdings 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 § 311(a) to the extent indicated therein.TIA

Appears in 1 contract

Samples: Senior Subordinated Indenture (Pasta Group L L C)

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

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

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 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

Samples: Indenture (Huntsman International 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.. ARTICLE SEVEN

Appears in 1 contract

Samples: Indenture (Nutritional Sourcing Corp)

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. (b) For the purposes of interpreting TIA (S) 311 under this Section 512 only:

Appears in 1 contract

Samples: Indenture (Aztar Corp)

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: Indenture (Lannett Co Inc)

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: Indenture (Fresenius Medical Care AG & Co. KGaA)

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.. 58 ARTICLE EIGHT [INTENTIONALLY OMITTED] ARTICLE NINE

Appears in 1 contract

Samples: Indenture (Trans Resources Inc)

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: Indenture (Aztar Corp)

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

Samples: Indenture (GOOD TECHNOLOGY 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.indicated. ARTICLE EIGHT LEGAL DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Indenture (Delta Financial 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 § 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 (Rj Reynolds Tobacco Holdings 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 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 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), 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

Samples: Indenture (Centennial Communications 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.. ARTICLE VIII LEGAL DEFEASANCE AND COVENANT DEFEASANCE Section

Appears in 1 contract

Samples: Supplemental Indenture (Altera Infrastructure L.P.)

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

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: Indenture (Cadmus Communications Corp/New)

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: Indenture (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: Settlement Agreement (Huntsman CORP)

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 § 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

Samples: Indenture (Delta Financial 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 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 § 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: Indenture (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.. -58-

Appears in 1 contract

Samples: Indenture (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.. 58 -52-

Appears in 1 contract

Samples: Indenture (Lin Television 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. The provisions of TIA § 311 shall apply to the Company as obligor on the Notes.

Appears in 1 contract

Samples: Indenture (North Atlantic Holding Company, 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/)

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