Right of Trustee to Hold Senior Debt Sample Clauses

Right of Trustee to Hold Senior Debt. The Trustee shall be entitled to all of the rights set forth in this Article XII in respect of any Senior Debt at any time held by it to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall be construed to deprive the Trustee of any of its rights as such holder.
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Right of Trustee to Hold Senior Debt. The Trustee shall be entitled to all of the rights set forth in this Article XI in respect of any Senior Debt at any time held by it to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall be construed to deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.
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Right of Trustee to Hold Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. Whenever a distribution is to be made or a notice given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representative, if any.
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Right of Trustee to Hold Senior Debt. The Trustee and any agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article Ten with respect to any Senior Debt which may at any time be held by it in its individual or any other capacity to the same extent as any other holder of Senior Debt and nothing in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants and obligations as are specifically set forth in this Article Ten, and no implied covenants or obligations with respect to the holders of Senior Debt shall be read into this Indenture against the Trustee. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt. Whenever a distribution is to be made or a notice given to holders or owners of Senior Debt, the distribution may be made and the notice may be given to their Representative, if any.
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Right of Trustee to Hold Senior Debt. 56 Section 14.3 Subordination Not to Prevent Events of Default. 56 Section 14.4 No Fiduciary Duty of Trustee to Holders of Senior Debt. 56 Section 14.5 Article Applicable to Paying Agent. 56 Exhibit 4.10 Indenture Exhibit 4.10 Indenture AXOS FINANCIAL, INC. This Cross Reference Sheet shows the location in the Indenture of the provisions inserted pursuant to Sections 3.10 through 3.18, inclusive, of the Trust Indenture Act of 1939: Section 310 (a) (1) 6.9 (a) (2) 6.9 (a) (3) 6.9 (a) (4) Not Applicable (a) (5) 6.9 (b) 6.8, 6.10 (c) Not Applicable Section 311 (a) 6.13 (b) 6.13 (c) Not Applicable Section 312 (a) 7.1, 7.2 (b) 7.2 (c) 7.2 Section 313 (a) 7.3 (b) 7.3 (c) 7.3 (d) 7.3 Section 314 (a) (1) 7.4 (a) (2) 7.4 (a) (3) 7.4 (a) (4) 1.1, 10.4 (b) Not Applicable (c) 1.3 (c) (2) 1.3 (c) (3) Not Applicable (d) Not Applicable (e) 1.3 Section 315 (a) 6.1 (b) 6.2 (c) 6.1 (d) 6.1 (e) 5.14 Section 316 (a) 1.1 (a) (1) (A) 5.2, 5.12 (a) (1) (B) 5.13 (a) (2) Not Applicable (b) 5.8 (c) 1.5 Section 317 (a) (1) 5.3 (a) (2) 5.4 (b) 10.3 Section 318 (a) 1.8 NOTE: This Cross Reference Sheet is not part of the Indenture. Indenture Indenture INDENTURE INDENTURE, dated as of , 20 , by and between AXOS FINANCIAL, INC., a Delaware corporation (the “Company”), having its principal office at 0000 Xxxx Xxxxxxx Xxxx, Suite 400, Las Vegas, Nevada 89148, and , as trustee (the “Trustee”).
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Right of Trustee to Hold Senior Debt. 95 SECTION 11.11 ARTICLE XI NOT TO PREVENT EVENTS OF DEFAULT.............................95 SECTION 11.12 NO FIDUCIARY DUTY OF TRUSTEE TO HOLDERS OF SENIOR DEBT..................95
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Right of Trustee to Hold Senior Debt. SECTION 10.11. This Article Ten Not To Prevent Events of Default
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Right of Trustee to Hold Senior Debt. . . 10 Section 4.11.
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Right of Trustee to Hold Senior Debt. 41 SECTION 11.10. No Implied Covenants By or Obligations of the Trustee......................41
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Related to Right of Trustee to Hold Senior Debt

  • Right of Trustee to Hold Senior Indebtedness The Trustee in its individual capacity shall be entitled to all of the rights set forth in this Article 14 in respect of any Senior Indebtedness at any time held by it to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall be construed to deprive the Trustee of any of its rights as such holder.

  • Rights of Trustee as Holder of Senior Indebtedness; Preservation of Trustee's Rights The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

  • Trustee to Effectuate Subordination Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

  • Rights of Trustee (a) The Trustee may conclusively rely upon any document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee need not investigate any fact or matter stated in the document.

  • Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

  • Trustee May Hold Senior Indebtedness The Trustee is entitled to all the rights set forth in this Article 5 with respect to any Senior Indebtedness at the time held by it, to the same extent as any other holder of Senior Indebtedness, and nothing in this Indenture deprives the Trustee of any of its rights as such holder.

  • No Fiduciary Duty of Trustee to Holders of Senior Indebtedness The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Indebtedness, and shall not be liable to any such holders (other than for its willful misconduct or negligence) if it shall in good faith mistakenly pay over or distribute to the Holders of the Securities or the Company or any other Person, cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article 14 or otherwise. Nothing in this Section 14.4 shall affect the obligation of any other such Person to hold such payment for the benefit of, and to pay such payment over to, the holders of Senior Indebtedness or their representative.

  • Reports by Indenture Trustee to Holders The Indenture Trustee shall deliver to each Noteholder such information as may be required to enable such holder to prepare its federal and state income tax returns.

  • Limitation on Rights of Trustee as Creditor If and when the Trustee shall be or become a creditor of the Company (or any other obligor upon the Notes), after qualification under the Trust Indenture Act, the Trustee shall be subject to the provisions of the Trust Indenture Act regarding the collection of the claims against the Company (or any such other obligor).

  • Replacement of Trustee A resignation or removal of the Trustee and appointment of a successor Trustee shall become effective only upon the successor Trustee's acceptance of appointment as provided in this Section. The Trustee may resign in writing at any time and be discharged from the trust hereby created by so notifying the Company. The Holders of Notes of a majority in principal amount of the then outstanding Notes may remove the Trustee by so notifying the Trustee and the Company in writing. The Company may remove the Trustee if:

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