Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct. (b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 10 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Goodrich Petroleum Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the Trustee’s costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, interest and Additional Interest, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, interest and Additional Interest, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 6 contracts
Samples: Indenture (Legacy Reserves Inc.), Indenture (Chesapeake Midstream Partners Lp), Indenture (Chesapeake Midstream Partners Lp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 6 contracts
Samples: Fifth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Jarden Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the such money and other or property in the following order: First: :
(i) to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: Trustee;
(ii) to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
(iii) to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) direct including Holdings or a Note Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 4 contracts
Samples: Indenture (Realogy Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: :
(1) First: to the Trustee, Trustee and its agents and attorneys for amounts due under Section 7.077.06, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; collection incurred by the Trustee;
(2) Second: to the Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, if any, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, if any, respectively; and and
(3) Third: to the Company or to such party other Person as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 4 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: subject to the provisions of Article 10 hereof, to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, any and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 4 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07607 of the Base Indenture hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 4 contracts
Samples: Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article, subject to Article Six5 of this Indenture, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.079.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.108.10.
Appears in 3 contracts
Samples: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six7, it shall pay out the money and other or property in the following order: :
(1) First: , to the Trustee, its agents and attorneys Trustee for amounts due under Section 7.078.07, including including, without limitations, payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; ;
(2) Second: , to Holders of Notes for amounts due and unpaid on the Notes Securities for principalthe principal and interest, premiumas applicable, if any, interest ratably, without preference or priority of any kind, according to the such respective amounts due and payable on the Notes for principalHolders’ Securities; and
(3) Third, premiumthe balance, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall directIssuer.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.107.09.
Appears in 3 contracts
Samples: Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty Finance Corp.), Indenture (Northstar Realty)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 2 contracts
Samples: Indenture (Sunoco LP), Indenture (Sunoco LP)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07607 of the Base Indenture, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.107.10.
Appears in 2 contracts
Samples: First Supplemental Indenture (Pilgrims Pride Corp), First Supplemental Indenture (Pilgrims Pride Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.077.7, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders of Notes Securities for amounts due and unpaid on the Notes Securities for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes Securities for principal, premium, if any, and interestinterest (including Additional Interest), respectively; and ThirdTHIRD: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes Securities pursuant to this Section 6.10.
Appears in 2 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixV, it shall pay out the money and other property in the following order: First: :
(a) to the Trustee, its agents and attorneys for amounts due under Section 7.076.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ;
(b) to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
(c) to the Company or to such party as a court of competent jurisdiction shall direct.
(b) direct including a Subsidiary Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.105.11.
Appears in 2 contracts
Samples: Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its the Agents, their respective agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 2 contracts
Samples: Indenture (Delphi Technologies PLC), Indenture Agreement (Delphi Automotive PLC)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.06 of the Base Indenture, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following orderor- der, subject to the Intercreditor Agreements: First: to the the Trustee, its the Collateral Agent, their respective agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee or the Collateral Agent and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, if any, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, if any, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.. -96-
Appears in 1 contract
Samples: Indenture (Adient PLC)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.7 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, and interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: the remainder to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this this-Section 6.10.
Appears in 1 contract
Samples: Indenture (Cinemark Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Trustee, its agents Trustee and attorneys the Collateral Agent for all amounts due under Section 7.077.07 and any receiver, including payment of all compensationmanager, expense and liabilities incurredadministrative receiver, and all advances made, by the Trustee and the costs and expenses of collectionliquidator or agent appointed subject to this Indenture; Second: to Holders of Notes for amounts then due and unpaid on the Notes for principalprincipal of, premium, if any, and interest on the Notes in respect of which or for the benefit of which such money has been collected, ratably, without preference or priority of any kind, according to the amounts due and payable on the such Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuer or to such party as a court of competent jurisdiction shall may direct.
(b) . The Trustee Trustee, upon prior written notice to the Issuer, may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: FirstFirst : to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSecond : to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, any and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premiumpremium and interest and Special Interest, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interestinterest and Special Interest, if any, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Holly Energy Partners Lp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: :
(i) to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ;
(ii) to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
(iii) to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) , including a Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 1 contract
Samples: Indenture (Michaels Companies, Inc.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the Trustee’s costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, interest and premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, interest and premium, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Genesis Energy Lp)
Priorities. (a) If the Trustee collects any money or other property ---------- pursuant to this Article Six6, it shall pay out the money and other or property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders holders of Notes Senior Indebtedness of the Company to the extent required by Article 10 and to holders of Senior Indebtedness of the Subsidiary Guarantors to the extent required by Article 12; THIRD: to Noteholders for amounts due and unpaid on the Notes Securities for principalprincipal and interest, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes Securities for principal, premium, if any, principal and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.and
Appears in 1 contract
Samples: Indenture (Wki Holding Co Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Sunoco LP)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall shall, subject to the provisions of the First Priority Intercreditor Agreement and the Collateral Documents, pay out the money and other or property in the following order: FirstFIRST: to the Trustee, its agents Trustee and attorneys the Collateral Agent for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders of Notes for amounts due and unpaid on the Notes for principalprincipal and interest, premiumratably, and Applicable Premium (if any), interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, principal and interest and Applicable Premium (if any, and interest), respectively; and ThirdTHIRD: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) , including a Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Western Digital Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: First: :
(i) to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ;
(ii) to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
(iii) to the Company or to such party as a court of competent jurisdiction shall direct.
(b) direct including a Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 1 contract
Samples: Indenture (Brightstar Corp.)
Priorities. (a) If the Trustee collects or receives any money or other property pursuant to this Article SixArticle, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Senior Debt to the extent required by Article 10. Third: to Holders of Notes for amounts due and unpaid on the Notes for principalprincipal and interest, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, principal and interest, respectively; and ThirdFourth: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10Notes.
Appears in 1 contract
Samples: Form 8 A
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premiumpremium and Additional Interest, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premiumpremium and Additional Interest, if any, and interest, respectively; and Third: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Usp Mission Hills, Inc.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys counsel for amounts due under Section 7.077.7, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premiumpremium and Additional Interest, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premiumpremium and Additional Interest, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Autonation Inc /Fl)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premiumpremium and interest (including Additional Interest, if any), interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premiumpremium and interest (including Additional Interest, if any, and interest), respectively; and Third: to the Company Issuers or the Guarantors or to such other party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixSix or any other provision of this Indenture, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys Trustee for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid interest accrued on the Notes for principalNotes, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premiuminterest; Third: to Holders for principal amounts due and unpaid on the Notes and Additional Amounts, if any, ratably, without preference or priority of any kind, according to the amounts due and interestpayable on the Notes for principal and premium; Fourth: without duplication, respectivelyto the Holders, for any other obligations due to them hereunder or under the Notes, pro rata based on the amounts of such obligations; and ThirdFifth: to the Company Issuer or to such party as otherwise directed by a court of competent jurisdiction shall direct.
(b) jurisdiction. The Trustee Trustee, upon prior written notice to the Issuer, may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.7 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, and interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: the remainder to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Cinemark Usa Inc /Tx)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Collateral Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Collateral Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.077.7, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders of Notes Securities for amounts due and unpaid on the Notes Securities for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes Securities for principal, premium, if any, and interestinterest (including Additional Interest), respectively; and ThirdTHIRD: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes Securities pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.06 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, any and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Viasystems Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six7, it shall pay out the money and other property in the following order: :
(1) First: to the Trustee, Trustee and its agents and attorneys for amounts due under Section 7.078.06, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; collection incurred by the Trustee;
(2) Second: to the Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, if any, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, if any, respectively; and and
(3) Third: to the Company or to such party other Person as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.107.10.
Appears in 1 contract
Samples: First Supplemental Indenture (Comstock Resources Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.06 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: First Supplemental Indenture (Regency Energy Partners LP)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, and interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company Company, or any Guarantor or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: :
(i) to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ;
(ii) to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
(iii) to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) , including a Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.077.7, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders of Notes Securities for amounts due and unpaid on the Notes Securities for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes Securities for principal, premium, if any, and interestinterest (including Additional Interest), respectively; and ThirdTHIRD: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes Securities pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Colt Finance Corp.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys Trustee for all amounts due under Section 7.077.07 and any receiver, including payment of all compensationmanager, expense and liabilities incurredadministrative receiver, and all advances made, by the Trustee and the costs and expenses of collectionliquidator or agent appointed subject to this Indenture; Second: to Holders of Notes for amounts then due and unpaid on the Notes for principalprincipal of, premium, if any, and interest on the Notes in respect of which or for the benefit of which such money has been collected, ratably, without preference or priority of any kind, according to the amounts due and payable on the such Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall may direct.
(b) . The Trustee Trustee, upon prior written notice to the Company, may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six6, it shall pay out the money and other or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the applicable Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Everi Holdings Inc.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixARTICLE 6, it shall pay out the money and other property in the following order: First:
(i) FIRST: to the Trustee, its the Collateral Agent and their respective agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second;
(ii) SECOND: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Thirdand
(iii) THIRD: to the Company Issuers or to such party as a court of competent jurisdiction shall may direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.077.7, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; SecondSECOND: to Holders of Notes Securities for amounts due and unpaid on the Notes Securities for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes Securities for principal, premium, if any, and interest, respectively; and ThirdTHIRD: to the Company Issuer or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes Securities pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Ultra Petroleum Corp)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, any and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee or any Agent collects any money or other property pursuant to this Article SixVI, it shall pay out the money and other property in the following order: First: :
a. to the Trustee, its the Agents, their agents and attorneys for amounts due to such parties under Section 7.07this Indenture, including payment of all compensation, expense expenses and liabilities incurred, and all advances made, by the Trustee or any Agent and the costs and expenses of collection; Second: ;
b. to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: and
c. to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) direct including a Guarantor, if applicable. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.
Appears in 1 contract
Samples: Indenture (GoDaddy Inc.)
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article SixArticle, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the Trustee's costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, interest and Additional Interest, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, interest and Additional Interest, if any, and interest, respectively; and Third: to the Company Issuers or to such party as a court of competent jurisdiction shall direct.
(b) . The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Priorities. (a) If the Trustee collects any money or other property pursuant to this Article Six, it shall pay out the money and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.077.07 hereof, including payment of all compensation, expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.
Appears in 1 contract
Samples: Indenture (Brigham Exploration Co)
Priorities. (a) If the Trustee or any agent collects any money or other property pursuant to this Article Six6, it shall pay out the money and other property in the following order: First: :
(a) FIRST, to the Trustee, its the Collateral Trustee, each Agent, their agents and attorneys for amounts due under Section 7.07this Indenture, any of the Security Documents or Intercreditor Agreements, including payment of all compensationfees, expense expenses and liabilities incurred, and all advances made, by the Trustee or such Agent and the costs and expenses of collection; Second: ;
(b) SECOND, to Holders of the Notes for amounts due and unpaid on the Notes for principal, premium, if any, interest ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premium, if any, and interest, respectively; and Third: to the Company or to such party as a court of competent jurisdiction shall direct.
(b) The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.and
Appears in 1 contract
Samples: Indenture (Ocwen Financial Corp)