Common use of Rights of Trustee and Paying Agent Clause in Contracts

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 32 contracts

Samples: Indenture (Dycom Industries Inc), Indenture (Syniverse Technologies Inc), Indenture (Elizabeth Arden Inc)

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Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 30 contracts

Samples: Indenture (Penn National Gaming Inc), Indenture (Southridge Plaza Holdings Inc), Indenture (Silverleaf Resorts Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 8 contracts

Samples: Indenture (Jackson Products Inc), Indenture (Tennessee Woolen Mills Inc), Indenture (Charles River Laboratories Holdings Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 13 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 1013. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 13 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 8 contracts

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

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Ten. Only the Company or a Representative may give the notice. Nothing in this Article 10 will Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 7 contracts

Samples: Indenture (Armor Holdings Inc), Indenture (American Seafoods Inc), Indenture (Aaipharma Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 5 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Advanced Medical Optics Inc), Indenture (Johnson Polymer Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesDebentures, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Debentures to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 4 contracts

Samples: Indenture (Standard Motor Products Inc), Indenture (Greyhound Lines Inc), Indenture (Standard Motor Products Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 1011. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 4 contracts

Samples: Indenture (Neomarkers Inc), Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Microdyne Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 4 contracts

Samples: Indenture (L-3 Communications SPD Technologies Inc), Indenture (L 3 Communications Holdings Inc), Indenture (L 3 Communications Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 9 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 109. Only the Company Issuers or a the Representative may give the notice. Nothing in this Article 10 will 9 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 3 contracts

Samples: Indenture (Comdisco Holding Co Inc), Indenture (Comdisco Inc), Indenture (Comdisco Holding Co Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 3 contracts

Samples: Indenture (Radio One, Inc.), Indenture (Polaner Inc), Indenture (Mueller Holdings (N.A.), Inc.)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless a Responsible Officer of the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 1011. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.06. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 3 contracts

Samples: Indenture (Regeneron Pharmaceuticals Inc), Indenture (Vector Group LTD), Indenture (Province Healthcare Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 3 contracts

Samples: First Supplemental Indenture (DRS Technologies Inc), Indenture (Gardner Denver Inc), Indenture (Synagro Technologies Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Twelve or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Twelve. Only the Company or a Representative may give the notice. Nothing in this Article 10 will Twelve shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 3 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Ames True Temper, Inc.), Indenture (Solo Texas, LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Entravision Communications Corp), Indenture (Potlatch Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Infinity Inc), Indenture (Infinity Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Article. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Global Crossing Holdings LTD), Indenture (Flextronics International LTD)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Credit Agreement (Massic Tool Mold & Die Inc), Indenture (Massic Tool Mold & Die Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Impac Group Inc /De/), Senior Subordinated Note Purchase Agreement (Transtechnology Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to would violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Katz Media Group Inc), Indenture (Chancellor Media Corp of Los Angeles)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment in respect of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Kraton Polymers LLC), Indenture (Biltmore Surgery Center Holdings Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Merrill Corp), Indenture (Condor Systems Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Atwood Mobile Products Inc), Indenture (Northland Cable Television Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Scotts Company), Indenture (Scotts Company)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), Indenture (General Nutrition Companies Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office of the Trustee at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 1011. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Genesis Healthcare Corp), Indenture (Neighborcare Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Twelve or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Twelve. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 10 will Twelve shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.06 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Cablevision Systems Corp /Ny), Indenture (Rainbow Media Enterprises, Inc.)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Article. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 2 contracts

Samples: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.. 77 84

Appears in 1 contract

Samples: Indenture (Classic Network Transmission LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Ten. Only the Company or a Representative may give the notice. Nothing in this Article 10 will Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other section hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Science Craftsman INC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations principal and interest with respect to the Notes Securities to violate this Article 10Article. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Pioneer Financial Services Inc /De)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Collins & Aikman Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 1011. Only the Company Authority or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Mohegan Tribal Gaming Authority)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment written notice of facts that would cause the payment of on any Obligations with respect to the Notes Note to violate this Article 10. Only the Company or a Representative representative of the holders of Senior Debt may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Duane Reade Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 13 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Securities to violate this Article 10. Only the Company or a Representative may give the such notice. Nothing in this Article 10 will 13 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 607 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Concentric Network Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to other sections of this Indenture, including but not limited to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Stericycle Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless a Responsible Officer of the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 1011. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.06. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Openwave Systems Inc)

Rights of Trustee and Paying Agent. Notwithstanding the ---------------------------------- provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Just for Feet Specialty Stores Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not the Trustee. Any Agent may do the same with like rights.. -116- 125

Appears in 1 contract

Samples: Indenture (Houston Exploration Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 15 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations obligations with respect to the Notes to violate this Article 1015. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 15 shall impair the claims of, or payments payment to, the Trustee under or pursuant to Section 7.07 7.06 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Standard Management Corp)

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Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Decisionone Corp /De)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Kti Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee has shall have received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Securities to violate this Article 1011. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Ail Technologies Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not the Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Houston Exploration Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Omnicare Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 13 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 1013. Only the Company or a Representative may give the notice. Nothing in this Article 10 13 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.06 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Lbi Media Holdings Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Day International Group Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Ten. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Klingel Carpenter Mortuary Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Senior Debt Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Fti Consulting Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Rayovac Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee has shall have received at its Corporate Trust Office at least five one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Securities to violate this Article 1011. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (NCS of Illinois Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesDebentures, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes Debentures to violate this Article 10Article. Only the Company or a Representative may give the notice. Nothing in this Article 10 will 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Auto Marketing Network Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Kti Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Decisionone Corp /De)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company Issuer or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Subordinated Note Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (KSL Recreation Group Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to Indebtedness or other Obligation evidenced by the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Emmis Operating Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Emergency Medical Services CORP)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Paying Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Block Communications Inc)

Rights of Trustee and Paying Agent. (a) Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office corporate trust office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Ten. Only the Company or a Representative may give the notice. Nothing in this Article 10 will Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. 7.07. (b) The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Salant Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the NotesExchange Debentures, unless the Trustee has received at its Corporate Trust Office shall have received, at least five Business Days prior to the date of such payment payment, written notice of facts that would cause the payment of any Obligations with respect to the Notes Exchange Debentures to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.07. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Panamsat International Systems Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will or Paying Agent shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the TrusteeTrustee or Paying Agent, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has or Paying Agent shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to would violate this Article 10. Only the Company Services or a Representative may give the notice. Nothing in this Article 10 will shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Corecomm Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Services International LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee will shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10Ten. Only the Company or a Representative may give the notice. Nothing in this Article 10 will Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.. <PAGE> 63

Appears in 1 contract

Samples: Indenture (Esterline Technologies Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee will not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee has received at its Corporate Trust Office at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes to violate this Article 10. Only the Company or a Representative may give the notice. Nothing in this Article 10 will impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Subject to Sections 7.03, 7.10 and 7.11 hereof, the Trustee or any Agent in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rightsTrustee or an Agent.

Appears in 1 contract

Samples: Indenture (Georgia Gulf Corp /De/)

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