Common use of Priorities Clause in Contracts

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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 5 contracts

Sources: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ; (ii) to Holders of the 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: and (iii) to the Issuer or to such party as a court of competent jurisdiction shall direct, including a Guarantor, if applicable. The Trustee may fix a record date Record Date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.13.

Appears in 4 contracts

Sources: Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC), Indenture (Sinclair Broadcast Group, LLC)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 607 of the Base Indenture hereof, including payment of all compensation, expenses 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: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Fourth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Priorities. (a) If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: : (1) First: to the Trustee, Trustee and its agents and attorneys for amounts due under Section 7.07 hereof7.06, including payment of all compensation, expenses 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, 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 Issuer 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

Sources: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, 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, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall directdirect 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 3 contracts

Sources: Indenture (Realogy Group LLC), Indenture (Realogy Group LLC), Indenture (Realogy Holdings Corp.)

Priorities. If the Trustee collects any money or property pursuant to this Article, subject to Article 65 of this Indenture, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 9.07 hereof, including payment of all compensation, expenses 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: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following fol- lowing order: First: : (a) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.06 here- of, including payment of all compensation, expenses expense 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 principalprincipal of, 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: and (c) to the Issuer or to such party as a court of competent jurisdiction shall direct, in- cluding any 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 3 contracts

Sources: Indenture, Indenture, Indenture

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (a) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall 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 3 contracts

Sources: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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, any and interest, respectively; and Third: and (iii) to the Issuer Company or to such party as a court of competent jurisdiction shall directdirect 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 2 contracts

Sources: Indenture (Belden Inc.), Indenture (Belden Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Six, it shall pay out and after an Event of Default any money or other property distributable in respect of the Company’s or Guarantors’ obligations under this Indenture, such money or property shall be paid out or distributed in the following order: FirstFIRST: to the Trustee, its agents Trustee and attorneys any predecessor Trustee for amounts due under Section 7.07 hereof, including payment of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection7.07; SecondSECOND: to Holders of Notes Noteholders 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, respectivelyNotes; and ThirdTHIRD: to the Issuer or or, to the extent the Trustee collects any amount from any Guarantor, to such party as a court of competent jurisdiction shall directGuarantor. The Trustee may fix a record date and payment date for any payment to Holders of Notes Noteholders pursuant to this Section 6.106.11.

Appears in 2 contracts

Sources: Indenture (Wesco International Inc), Indenture (Wesco International Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6V, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 6.07 hereof, including payment of all compensation, 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, 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, premium (if any, ) and interest, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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 2 contracts

Sources: Third Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses 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, any and interest, respectively; and Third: to the Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Charter Communications Holdings LLC), Indenture (Charter Communications Inc /Mo/)

Priorities. If the Trustee collects any money or property pursuant to this Article 6V, it shall pay out the money or property in the following order: First: : (a) to the Trustee, its agents and attorneys for amounts due under Section 7.07 6.07 hereof, including payment of all compensation, 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (Beazer Homes Usa Inc), Indenture (Beazer Homes Usa Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereofthis Indenture, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall directdirect 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 2 contracts

Sources: Indenture (Petco Holdings Inc), Indenture (Petco Holdings Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: : (a) to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, expenses expense 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 principalprincipal of, 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: and (c) to the Issuer or to such party as a court of competent jurisdiction shall direct, including the 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 2 contracts

Sources: Indenture, Indenture (Norbord Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: to the Trustee, Trustee and its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Burford Capital LTD), Indenture (Burford Capital LTD)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof607 of the Base Indenture, including payment of all compensation, expenses 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: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: First Supplemental Indenture (Pilgrims Pride Corp), First Supplemental Indenture (Pilgrims Pride Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 67, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 8.07 hereof, including payment of all compensation, 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, premiumPrepayment 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, premiumPrepayment Premium, if any, and interest, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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 2 contracts

Sources: Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI in respect of the Securities of any series, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys Trustee for all amounts due under Section 7.07 hereof, including payment hereof with respect to such series of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collectionSecurities; Second: to Holders of Notes the Securities of the applicable series for amounts then due and unpaid on the Notes for principalprincipal of, premium, if any, and interestinterest on such Securities 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 Notes such Securities for principal, premium, if any, and interest, respectively; and Third: to the Issuer Issuer, or to such party as a court of competent jurisdiction shall may direct. 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 2 contracts

Sources: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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 2 contracts

Sources: Fifth Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.06 of the Base Indenture, including payment of all compensation, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: : (a) to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, expenses expense 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 principalprincipal of, 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: and (c) to the Issuer or to such party as a court of competent jurisdiction shall direct, including any 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 2 contracts

Sources: Indenture (Norbord Inc.), Indenture (Norbord Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.07 hereof7.7, including payment of all compensation, expenses 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, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall directdirect 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 2 contracts

Sources: Indenture (INC Research Holdings, Inc.), Indenture (INC Research Holdings, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its the Agents, their respective agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Delphi Technologies PLC), Indenture Agreement (Delphi Automotive PLC)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Exterran Holdings Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its respective agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. The Trustee Trustee, upon written notice to the Company, may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.106.11.

Appears in 1 contract

Sources: Indenture (Adient PLC)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture Agreement (Summit Midstream Partners, LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 interestinterest and Special Interest, if any, respectively; and Third: to the Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Holly Energy Partners Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Genesis Energy Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys counsel for amounts due under Section 7.07 hereof7.7, including payment of all compensation, expenses 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Autonation Inc /Fl)

Priorities. If the Trustee or any Agent collects any money or property pursuant to this Article 6VI, it shall pay out the money or and 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 7.07 hereofthis Indenture, including payment of all compensation, 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, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (GoDaddy Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 interestand, if any, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.10.. 71

Appears in 1 contract

Sources: Indenture (INNOVATE Corp.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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 interestAdditional 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, interest and interestAdditional Interest, if any, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Thermadyne Australia Pty Ltd.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6V, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof6.07, including payment of all compensation, 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, 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, premium (if any, ) and interest, respectively; and Third: to the Issuer Suburban Propane or to such party as a court of competent jurisdiction shall direct. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.105.10.

Appears in 1 contract

Sources: Indenture (Suburban Propane Partners Lp)

Priorities. (a) If the Trustee collects any money or other property pursuant to this Article 6Six, it shall pay out the money or and other property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, 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 Issuer 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

Sources: Indenture (Brigham Exploration Co)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (Willis Group Holdings LTD)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, 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, any and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Viasystems Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall 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

Sources: Indenture (Interactive Data Holdings Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, any and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Fleming Companies Inc /Ok/)

Priorities. If the Trustee collects any money or property pursuant to this Article Section 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereofof the Base Indenture, including payment of all compensation, expenses 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, and 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: First Supplemental Indenture (Linn Energy, LLC)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Kodiak Gas Services, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.06 hereof, including payment of all compensation, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: First Supplemental Indenture (Regency Energy Partners LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6V, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 6.07 hereof, including payment of all compensation, 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, 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, premium (if any, ) and interest, respectively; and Third: to the Issuer Suburban Propane or to such party as a court of competent jurisdiction shall direct. The Trustee may fix a record date and payment date for any payment to Holders of Notes pursuant to this Section 6.105.10.

Appears in 1 contract

Sources: Second Supplemental Indenture (Suburban Propane Partners Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Martin Midstream Partners Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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 interestSpecial 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, interest and interestSpecial Interest, if any, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Holly Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses expense and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: to Holders of Senior Notes for amounts due and unpaid on the Senior 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 Senior Notes for principal, premium, if any, any and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. The Trustee may fix a record date and payment date for any payment to Holders of Senior Notes pursuant to this Section 6.10.

Appears in 1 contract

Sources: Indenture (Delta Financial Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Six, it shall pay out the money or property in the following order: First: to the Trustee, its agents Trustee and attorneys the Collateral Agent for all amounts due under Section 7.07 hereofand any receiver, including payment of all compensationmanager, expenses 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 interestinterest 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 Issuer or to such party as a court of competent jurisdiction shall may direct. 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

Sources: Indenture (Manitowoc Co Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses 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, and 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 Issuer Issuers or the Guarantors or to such other party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Atlas Resource Partners, L.P.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Sterling Chemical Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, any and interest, respectively; and Third: to the Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Wynn Resorts LTD)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.7 hereof, including payment of all compensation, expenses 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Cinemark Usa Inc /Tx)

Priorities. If the Trustee or any Agent collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (1) to the Trustee, its the Agents, their agents and attorneys for amounts due under Section 7.07 hereof, including payment of all reasonable compensation, expenses and liabilities incurred, and all advances made, by the Trustee or any Agent and the costs and expenses of collection; Second: ; (2) 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, principal and interest, respectively; and Third: and (3) to the Issuer or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (Halyard Health, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses 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 applicable Notes for principal, premium, if any, and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Everi Holdings Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Genesis Energy Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer Issuers or the Subsidiary Guarantors or to such other party as a court of competent jurisdiction shall direct. Back to Contents 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

Sources: Indenture (Atlas America Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due under Section 7.07 hereof, including payment of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection7.07; SecondSECOND: to holders of Senior Debt of the Issuers to the extent required by Article 10 and to holders of Senior Debt of the Guarantors to the extent required by Article 12; THIRD: to the 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, principal and interest, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Graham Packaging Holdings Co)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, and 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Inergy L P)

Priorities. (a) If the Trustee collects any money or property pursuant to this Article 67, it shall pay out the money or property in the following order: : (1) First: to the Trustee, Trustee and its agents and attorneys for amounts due under Section 7.07 hereof8.06, including payment of all compensation, expenses 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, 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 Issuer 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

Sources: First Supplemental Indenture (Comstock Resources Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: FirstFIRST: to the Trustee, its agents and attorneys Trustee for amounts due to it under Section 7.07 hereof7.7, including payment of all compensation, expenses 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, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Ultra Petroleum Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 7.7 hereof, including payment of all compensation, expenses 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Cinemark Inc)

Priorities. (a) If the Trustee collects any money or property pursuant to this Article 6Six, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer 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

Sources: Indenture (DreamWorks Animation SKG, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (West Corp)

Priorities. If the Trustee collects or receives any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, 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 principal, premium, if any, principal 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, principal and interest, respectively; and ThirdFourth: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Form 8 A

Priorities. (a) If the Trustee collects any money or other property pursuant to this Article 6Six, it shall pay out the money or and other property in the following order: First: to the Collateral Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses 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, and interest, 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 Issuer 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

Sources: Supplemental Indenture (Goodrich Petroleum Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (1) to the Trustee, its the Collateral Agent, their agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee and the costs and expenses of collection; Second: ; (2) 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: and (3) to the Issuer Issuers or to such party as a court of competent jurisdiction shall 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

Sources: Indenture (Diamond Offshore Drilling, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the TrusteeTrustee (acting in any capacity), its agents and attorneys for amounts due under Section 7.07 hereofhereunder, including payment of all compensation, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Vector Group LTD)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, premiumpremium and interest, if any, and interest, ratably, without preference or priority of any kind, according to the amounts due and payable on the Notes for principal, premiumpremium and interest, if any, and interest, respectively; and Third: to the Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Natural Resource Partners Lp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses 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, 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, any and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Inspecciones Maritimas S.A)

Priorities. If the Trustee collects any money or property pursuant to this Article 6VI, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (Brightstar Corp.)

Priorities. (a) If the Trustee collects any money or other property pursuant to this Article 6Six, it shall pay out the money or and other property in the following order: FirstFirst : to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses 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, and interest, 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 Issuer 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

Sources: Indenture (Continental Resources, Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall 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

Sources: Indenture (Michaels Companies, Inc.)

Priorities. If the Trustee collects any money or property pursuant to this Article 6Article, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, expenses expense, indemnities 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, premium 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, premium and interest, respectively; and Third: to the Issuer Company or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Cenveo, Inc)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, 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, 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 Issuer Company or to such party as a court of competent jurisdiction shall direct, including 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 1 contract

Sources: Indenture (Ardent Health Partners, LLC)

Priorities. If the Trustee or any Agent collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: : (i) to the Trustee, its the Agents, their agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, expenses and liabilities incurred, and all advances made, by the Trustee or any Agent 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, principal 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, principal and interest, respectively; and Third: and (iii) to the Issuer or to such party as a court of competent jurisdiction shall directdirect 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

Sources: Indenture (Microsemi Corp)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof, including payment of all compensation, 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 Issuer Issuers or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Sunoco LP)

Priorities. If the Trustee collects any money or property pursuant to this Article 6, it shall pay out the money or property in the following order: First: to the Trustee, its agents and attorneys for amounts due under Section 7.07 hereof7.07, including payment of all compensation, 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, 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 Issuer or to such party as a court of competent jurisdiction shall direct. 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

Sources: Indenture (Usp Mission Hills, Inc.)