Common use of Preferential Collection of Claims Clause in Contracts

Preferential Collection of Claims. If the Trustee shall be or become a creditor of the Operating Partnership (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 Operating Partnership (or any such other obligor). The Trustee is permitted to engage in other transactions with the Operating Partnership and its Affiliates. If, however, it acquires any conflicting interest under the Trust Indenture Act relating to any of its duties with respect to the Notes, it must eliminate that conflict or resign, subject to its right under the Trust Indenture Act to seek a stay of its duty to resign.

Appears in 7 contracts

Samples: Eighth Supplemental Indenture (American Homes 4 Rent, L.P.), Seventh Supplemental Indenture (American Homes 4 Rent, L.P.), Supplemental Indenture (American Homes 4 Rent, L.P.)

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Preferential Collection of Claims. If and when the Trustee shall be or become a creditor of the Operating Partnership (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 Operating Partnership (or any such other obligor). The Trustee is permitted to engage in other transactions with the Operating Partnership and its Affiliates. If, however, it acquires any conflicting interest under the Trust Indenture Act relating to any of its duties with respect to the Notes, it must eliminate that conflict or resign, subject to its right under the Trust Indenture Act to seek a stay of its duty to resign.

Appears in 7 contracts

Samples: Third Supplemental Indenture (Kite Realty Group, L.P.), Second Supplemental Indenture (Kite Realty Group Trust), Supplemental Indenture (Brixmor Operating Partnership LP)

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