Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 72 contracts
Samples: Indenture (Teligent, Inc.), Indenture (Teligent, Inc.), Indenture (Protalix BioTherapeutics, Inc.)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 43 contracts
Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 19 contracts
Samples: Indenture (Neogenomics Inc), Indenture (Neogenomics Inc), Indenture (Neogenomics Inc)
Preferential Collection of Claims. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon on the NotesSecurities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).. For purposes of Section 311(b) (4) and (6) of such Act, the following terms shall mean:
Appears in 17 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Honeywell International Inc)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesDebentures), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 15 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Wilson Greatbatch (Wilson Greatbatch Technologies Inc)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesDebt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 10 contracts
Samples: Reconciliation And (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor creditor, directly or indirectly, secured or unsecured, of the Company Issuer, Guarantor (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer, Guarantor (or any such other obligor).
Appears in 7 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of the claims against the Company (or any such other obligor).
Appears in 7 contracts
Samples: Indenture (Evergreen Energy Inc), Indenture (Skyworks Solutions Inc), Indenture (Komag Inc /De/)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer, Guarantor (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer, Guarantor (or any such other obligor).
Appears in 7 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuers (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuers (or any such other obligor).
Appears in 6 contracts
Samples: Third Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities under a supplemental indenture entered into in accordance herewith), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 6 contracts
Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De, Interliant Inc
Preferential Collection of Claims. If To the extent that this Indenture has been qualified under the Trust Indenture Act, if and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Indenture (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of § 311(a) of the Trust Indenture Act Act, excluding any creditor relationship listed in § 311(b), regarding the collection of the claims against the Company (or any such other obligor). A Trustee who has resigned or been removed shall be subject to § 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Warrant Agreement (Gevo, Inc.), Indenture (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 5 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Masco Corp /De/
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuers (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuers (or any such other obligor).
Appears in 5 contracts
Samples: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp), Suburban Propane Partners Lp
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions Section 311 of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligorobligor upon the Securities) excluding any creditor relationship listed in Trust Indenture Act Section 311(b).
Appears in 5 contracts
Samples: Baxter (Baxter International Inc), Indenture (Baxter International Inc), Baxter (Baxter International Inc)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesDebt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 5 contracts
Samples: Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesSecurities of any series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 4 contracts
Samples: Indenture (Lepercq Corporate Income Fund L P), Nvidia Corp/Ca, Nvidia Corp/Ca
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesNotes under a supplemental indenture entered into in accordance herewith), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 4 contracts
Samples: Transwitch Corp /De, Transwitch Corp /De, Transwitch Corp /De
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions Section 311 of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligorobligor upon the Securities).
Appears in 3 contracts
Samples: Indenture (Baxter International Inc), Reconciliation and Tie (Baxter International Inc), Eli Lilly Services (Lilly Eli & Co)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes)Issuer, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor)Issuer.
Appears in 3 contracts
Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company any Issuer or Guarantor (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company such Issuer or Guarantor (or any such other obligor).
Appears in 3 contracts
Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)
Preferential Collection of Claims. If and when the Trustee --------------------------------- shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 3 contracts
Samples: At Home Corp, Riverstone Networks Inc, Viropharma Inc
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 2 contracts
Samples: Sunamerica Inc, Centennial Puerto Rico Operations Corp
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes)Guarantor, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor)the Guarantor.
Appears in 2 contracts
Samples: Teco Energy Inc, Tampa Electric Co
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of the claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Macerich Co
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon on the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Lease (Getty Images Inc), Getty Images Inc
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the NotesSenior Debt Securities of a series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company or the Guarantor (or any such other obligor).
Appears in 2 contracts
Samples: Lloyds TSB Bank PLC, Royal Bank of Scotland Group PLC
Preferential Collection of Claims. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon on the NotesSecurities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).. For purposes of Section 311(b) (4) and (6) of such Act, the following terms shall have the following meanings:
Appears in 2 contracts
Samples: Indenture (Lexmark International Inc /Ky/), Lexmark International Inc /Ky/
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesDebentures), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, Inc.)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Guarantor or Company (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions Section 311 of the Trust Indenture Act regarding the collection of the claims against the Guarantor or Company (or any such other obligorobligor upon the Securities).. 57
Appears in 1 contract
Samples: Indenture (Baxter International Inc)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesCapital Securities of a series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 1 contract
Samples: Royal Bank of Scotland Group PLC
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesSubordinated Debt Securities of a series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 1 contract
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act TIA regarding the collection of the claims against the Company (or any such other obligor)) or realizing on certain property received by it in respect of such claims.
Appears in 1 contract
Preferential Collection of Claims. If and when the --------------------------------- Trustee shall be or become a creditor of the Company (or any other obligor upon the NotesDebt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 1 contract
Samples: Airgas Inc
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).. ARTICLE 9
Appears in 1 contract
Samples: Registration Rights Agreement (Walter Industries Inc /New/)
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company or the Guarantor (or any such other obligor).
Appears in 1 contract
Samples: Indenture (Xtra Missouri Inc)
Preferential Collection of Claims. If and when the --------------------------------- Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).
Appears in 1 contract
Samples: Semtech Corp
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesDebt Securities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).. Table of Contents ARTICLE 8 RESERVED
Appears in 1 contract
Samples: Indenture (Healthcare Trust of America Holdings, LP)
Preferential Collection of Claims. If and when the Trustee shall be or shall become a creditor creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon on the NotesSecurities), the Trustee shall be subject to the provisions of Section 311 of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).. For purposes of Section 311(b) (4) and (6) of the Trust Indenture Act, the following terms shall have the following meanings:
Appears in 1 contract
Samples: Best Buy Co Inc
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company or the Guarantor (or any other obligor upon the NotesSubordinated Debt Securities of a series), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company or the Guarantor (or any such other obligor).
Appears in 1 contract
Samples: Lloyds TSB Bank PLC
Preferential Collection of Claims. If and when the Trustee --------------------------------- shall be or become a creditor of the Company Issuer (or any other obligor upon the NotesSecurities), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor).
Appears in 1 contract
Samples: Household International Inc
Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Company Issuer (or any other obligor upon the Notes), the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company Issuer (or any such other obligor). ARTICLE 8 THE NOTEHOLDERS Section 8.01.
Appears in 1 contract
