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 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 any Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice. Nothing in this Article 10 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: Senior Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Subordinated Indenture (Pennsylvania Real Estate Investment Trust), Subordinated Indenture (Pennsylvania Real Estate Investment Trust)

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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 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Senior Subordinated Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 4 contracts

Samples: Subordinated Indenture (Airgate PCS Inc /De/), Indenture (St Louis Gaming Co), Indenture (Argosy Gaming Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities to violate this Article or a Responsible Officer of the Trustee otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice. Nothing in this Article 10 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: Subordinated Indenture (Harleysville Group Inc), Subordinated Indenture (Harleysville Group Inc), Subordinated Indenture (Rli Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Gfsi Inc), Indenture (Gfsi Inc), Indenture (Pillowtex Corp)

Rights of Trustee and Paying Agent. (a) Notwithstanding the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsTen. Only the Company or a Representative may give the notice. Nothing in this Article 10 Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. . (b) 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: Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Indenture (Renal Care Group Inc), Note Purchase Agreement (Signal Medical Services)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Issuers or a the holders of Designated Senior Debt or their Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Each Paying Agent shall be subject to the same obligations under this Article 10 as is the Trustee. 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 Affiliate of the Trustee or Agent may do the same with like rights.

Appears in 3 contracts

Samples: Indenture (Gulfterra Energy Partners L P), Indenture (First Reserve Gas LLC), Indenture (El Paso Energy Partners Lp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 principal of, premium, if any, interest or Liquidated Damages, if any, on, the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 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 (Vail Resorts Inc), Indenture (Village at Breckenridge Acquisition Corp Inc), Indenture (GHTV Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such factsa Payment Blockage Notice. Only the holders or the Representative of holders of Designated Senior Debt of the Company or a Representative may give the noticea Payment Blockage Notice. Nothing in this Article 10 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 of the Company 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 (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De), Indenture (Iron Mountain Inc /De)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have has received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative or the holder of a majority of the outstanding Designated Senior Debt (or agent thereof) may give the notice. Nothing in this Article 10 shall 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: Indenture (Bell Powersports, Inc.), Indenture (Amscan Holdings Inc), Indenture (American Achievement Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 10.12 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.06 with respect to other distributions received in violation of the provisions 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 (Sealy Corp), Indenture (Sealy Corp), Indenture (Franks Nursery & Crafts Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 (other than pursuant to Section 11.04), and the Trustee and any Paying Agent may continue to make payments on the SecuritiesConvertible Subordinated Notes, unless the Trustee a Trust Officer shall have received at the Corporate Trust Office of the Trustee at least five Business Days two business days prior to the date of such payment or distribution written notice of facts that would cause the such payment of any Obligations or distribution with respect to the Securities Convertible Subordinated Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 3 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (School Specialty Inc), Indenture (School Specialty Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice10. Nothing in this Article 10 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 (Asbury Automotive Group Inc), Indenture (Airgas East Inc), Indenture (Crown Battleground LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any Paying Agent may continue to make payments on the SecuritiesCompany, unless the Trustee shall have received at the its Corporate Trust Office of not later than the Trustee at least five fifth Business Days prior to Day immediately preceding the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative (or, if there is no Representative for any holder of Senior Debt, such holder) may give the notice. Nothing in this Article 10 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 rights, and subject to the same obligations, it would have if it were not Trustee. Any Agent may do the same with like rightsrights and obligations.

Appears in 2 contracts

Samples: Indenture (Spanish Broadcasting System Inc), Indenture (Spanish Broadcasting System Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall 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 any the Paying Agent may continue to make payments on the SecuritiesNotes and Guaranties, unless a Responsible Officer of the Trustee shall have has received at the its Corporate Trust Office of the Trustee 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 Securities Notes and Guaranties to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 shall 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 2 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Casino One Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on payment son the SecuritiesExchange Debentures, unless the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities Exchange Debentures to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Holdings or a Representative may give the notice. Nothing in this Article 10 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 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless an authorized Officer of the Trustee shall have received at the Corporate Trust Office of the Trustee its office at least five two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any Obligations principal, premium, interest and Liquidated Damages, if any, with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts11. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 2 contracts

Samples: Indenture (Ubiquitel Inc), Indenture (Planet Hollywood International Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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: Subordinated Indenture (Pegasus Communications Corp), Subordinated Indenture (Pegasus Communications Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSecurities and the Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities or Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.03 or otherwise has actual knowledge of such facts10.04 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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: Subordination and Intercreditor Agreements, Indenture (Range Energy I Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Issuers or a the holders of Designated Senior Debt or their Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Each Paying Agent shall be subject to the same obligations under this Article 10 as is the Trustee. 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 (Leviathan Finance Corp), Indenture (El Paso Energy Partners Deepwater LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Eight or any other provision of this First Supplemental Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsEight. Only the Company Company, the holders of Senior Indebtedness and their Representatives may give such notice, provided that only the holders of Designated Senior Indebtedness or a their Representative may give the noticea Payment Blockage Notice. Nothing in this Article 10 Eight shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereofof the Base Indenture. 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: First Supplemental Indenture (Entercom Communications Corp), Supplemental Indenture (Entercom Radio LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 10 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 (Alliance Laundry Holdings LLC), Indenture (Alliance Laundry Holdings LLC)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 12 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes or the Note Guarantee, unless the Trustee shall have received at the 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 Securities Notes or the Note Guarantee to violate this Article, which notice shall specifically refer to this Article or otherwise has actual knowledge of such facts12. Only the Company Company, the Guarantor or a Representative may give the notice. Nothing in this Article 10 12 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 Guarantor 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 (Musicland Group Inc /De), Indenture (Musicland Stores Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice. A Payment Blockage Notice may be given only by a Representative of holders of Designated Senior Debt or by a holder for which there is no Representative. Nothing in this Article 10 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: Senior Subordinated Indenture (Kulicke & Soffa Industries Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSecurities and the Subsidiary Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities or Subsidiary Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 and Guarantor 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 (Continental Resources Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or Company, a Representative or the holder of a majority of the outstanding Designated Senior Debt (or agent thereof) may give the notice. Nothing in this Article 10 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 (Carters Imagination Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Subject to Section 7.03 hereof and the applicable provisions of the TIA, 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 (Sycamore Park Convalescent Hospital)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Exchange Debenture Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesExchange Debentures, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Exchange Debentures to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 Exchange Debenture 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 (Cumulus Media Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have has received at the its Corporate Trust Office of the Trustee at least five two Business Days prior to the date of such payment written notice referring to Article 10 of this Indenture and stating facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative or the holder of a majority of the outstanding Designated Senior Debt (or agent thereof) may give the notice. Nothing in this Article 10 shall 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 (Stanadyne Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSubordinated Debt, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Subordinated Debt to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Company, a holder of Senior Debt or a Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 6.07 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 (Viskase Companies Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSenior Subordinated Notes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Senior Subordinated Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (JCS Realty Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 5 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts5. Only the Company Company, a Representative or a Representative holder of Designated Senior Indebtedness may give the notice. Nothing in this Article 10 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 9.07 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 (Cubist Pharmaceuticals Inc)

Rights of Trustee and Paying Agent. 77 Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Company, a Representative or a Representative holder of Senior Debt may give the notice. Nothing in this Article 10 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 (Axiohm Transaction Solutions Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSecurities and the Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities or Guarantees to violate this Article or otherwise has actual knowledge of such facts11. Only the Company or a Representative may give the notice. Nothing in this Article 10 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 [7.07] hereof. The Trustee in its individual or any other capacity may hold Designated 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: Credit Agreement (Iamgold Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 77 79 and any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 or Guarantor Senior Indebtedness, as applicable, 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 (Precision Engine Products Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Coast Resorts Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative representative, if any, may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The To the extent permitted by the TIA, 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. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Appears in 1 contract

Samples: Indenture (Personal Care Holdings Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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, or the taking of any action by the Trustee, and the Trustee and any or Paying Agent may continue to make payments on the Securities, Notes unless the Trustee it shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company Company, a Representative or a holder or owner of an issue of Senior Indebtedness that has no Representative may give the notice. Nothing in this Article 10 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 (Orbital Imaging Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSenior Subordinated Notes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Senior Subordinated Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Issuers or a Representative may give the notice. Nothing in this Article 10 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 (Avalon Cable Finance Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Holdings Guarantee to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Holdings or a Representative may give the notice. Nothing in this Article 10 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 of Holdings 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 (Amsc Acquisition Co Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 5 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such facts5. Only the Company Company, a Representative or a Representative holder of Designated Senior Indebtedness may give the notice. Nothing in this Article 10 5 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 9.7 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 (Cubist Pharmaceuticals Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 (other than pursuant to Section 11.04), and the Trustee and any Paying Agent may continue to make payments on the SecuritiesConvertible Subordinated Notes, unless the Trustee a Trust Officer shall have received at the Corporate Trust Office of the Trustee at least five two Business Days prior to the date of such payment or distribution written notice of facts that would cause the such payment of any Obligations or distribution with respect to the Securities Convertible Subordinated Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Cke Restaurants Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company, the holder of any Senior Indebtedness of the Company, or any Representative of holders of Senior Indebtedness of the Company or a Representative may give the notice. Nothing in this Article 10 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 of the Company 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 (Cpi Holding Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, neither the Trustee nor the 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 the Paying Agent, and the Trustee and any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 Agreement (Uk Abba Products Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes and the Subsidiary Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes or Subsidiary Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Canton Oil & Gas Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the a Responsible Officer of the Trustee shall have has received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company an Issuer or a Representative may give the notice. Nothing in this Article 10 shall will impair the claims of, or payments to, the Trustee under hereunder or pursuant to Section Sections 6.10 and 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 (MagnaChip Semiconductor LTD (United Kingdom))

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 principal of, premium, if any, or interest on the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 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 (Baker J Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the Securities, Securities and the Guarantees unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 obligations with respect to the Securities or the Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company Issuer or a Representative may give the notice. Nothing in this Article 10 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: Subordinated Indenture (Mesa Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five two Business Days prior to the date of upon which such payment would otherwise become due and payable written notice of facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative therefor may give the any such notice. Nothing in this Article 10 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 of the Company 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 (Dominos Pizza Government Services Division Inc)

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Rights of Trustee and Paying Agent. (a) Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 shall impair or subordinate the claims of, of or payments to, the Trustee under or pursuant to Section 7.07 hereof. . (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: Senior Subordinated Loan Agreement (J Crew Group Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Bank Agent or a another Representative with respect to the Designated Senior Debt may give the notice. Nothing in this Article 10 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 (Panther Transport Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five three Business Days prior to the date of upon which such payment would otherwise become due and payable written notice of facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company, the holders of Senior Debt of the Company or a Representative therefor may give the any such notice. Nothing in this Article 10 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 of the Company 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 (Pca Valdosta Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 or Guarantor Senior Indebtedness, as applicable, 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 (Bell Sports Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 13 or any other provision provisions of this First Supplemental Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the Securities, unless a Responsible Officer of the Trustee shall have received at the 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 obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts13. Only the Company or a Representative representative of the holders of Designated Senior Indebtedness may give the notice. Nothing in this Article 10 13 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof8.07. 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: First Supplemental Indenture (Veeco Instruments Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the 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 obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts11. Only the Company or a Representative representative of the holders of Designated Senior Indebtedness may give the notice. Nothing in this Article 10 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 (Veeco Instruments Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the 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 obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts11. Only the Company or a Representative any representative of the holders of Senior Indebtedness may give the notice. Nothing in this Article 10 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 (Finisar Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 12 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts12. Only the Company Guarantors, a Representative or a Representative holder of Guarantor Senior Debt may give the notice. Nothing in this Article 10 12 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 Guarantor 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 (Axiohm Transaction Solutions Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company (but only with respect to a default described in Section 10.04(a)(i) hereof) or a Representative may give the notice. Nothing in this Article 10 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 (Luiginos Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 12 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesGuarantees of the Notes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities to Guarantees of the Notes would violate this Article or otherwise has actual knowledge of such facts12. Only the Company Guarantors or a Representative may give the notice. Nothing in this Article 10 12 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 of the Guarantors 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 (Dyersburg Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 principal of, premium, if any, interest or Additional Interest, if any, on, the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative representative may give the notice. Nothing in this Article 10 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 (Vail Resorts Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesSenior Subordinated Notes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Senior Subordinated Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Key Plastics Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five three Business Days prior to the date of such payment written notice of facts (in the form of an officer's certificate) that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Blount International Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment to or distribution by the Trustee, and the Trustee and any the Paying Agent may continue to make payments on the SecuritiesNotes, unless and until the Trustee shall have received at the 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 Securities Notes to violate this Article, which notice shall specifically refer to this Article or otherwise has actual knowledge of such facts12. Only the Company a Guarantor or a Representative may give the notice. Nothing in this Article 10 12 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 (Laralev Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative may give the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 [COMPENSATION AND INDEMNITY] 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: Credit Agreement (Vestar Sheridan Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes and the Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes or Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Lomak Petroleum Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any Paying Agent may continue to make payments on the SecuritiesCompany, unless the Trustee shall have received at the its Corporate Trust Office of not later than the Trustee at least five fifth Business Days prior to Day immediately preceding the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative (or, if there is no Representative for any holder of Senior Debt, such holder) may give the notice. Nothing in this Article 10 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 rights, and subject to the same obligations it would have if it were not Trustee. Any Agent may do the same with like rightsrights and obligations. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the Corporate Trust Administration Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative of Senior Indebtedness previously identified by the Company to the Trustee pursuant to Section 10.10 may give the notice. Nothing in this Article 10 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 (Pacific Aerospace & Electronics Inc)

Rights of Trustee and Paying Agent. Notwithstanding ---------------------------------- the provisions of this Article 10 X or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate National Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts. X. Only the Company holders of Designated Senior Indebtedness or a Representative thereof may give the notice. Nothing in this Article 10 X 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 Paying Agent may do the same with like rights.

Appears in 1 contract

Samples: Indenture (Gorges Quik to Fix Foods Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee 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 (other than pursuant to Section 11.04), and the Trustee and any Paying Agent may continue to make payments on the SecuritiesConvertible Subordinated Notes, unless the Trustee shall have received at the Corporate Trust Office of the Trustee at least five Business Days two business days prior to the date of such payment or distribution written notice of facts that would cause the such payment of any Obligations or distribution with respect to the Securities Convertible Subordinated Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Vlsi Technology Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes and the Guarantees, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes or Guarantees to violate this Article Article, which notice shall specifically refer to Section 10.03 or otherwise has actual knowledge of such facts10.04 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Range Resources Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any Obligations principal, premium, interest and Liquidated Damages, if any, with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Synthetic Industries Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 ARTICLE 14 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such factsARTICLE 14. Only the Company or a Representative may give the notice. Nothing in this Article 10 ARTICLE 14 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 SECTION 707 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 The Registrar and any co-registrar and the Paying Agent may do the same with like rights. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to SECTION 707.

Appears in 1 contract

Samples: Indenture (Iesi Tx Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company Issuer or a Representative may give the notice. Nothing in this Article 10 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 (Decrane Holdings Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company or a Representative or a holder of any Designated Senior Debt may give the notice. Nothing in this Article 10 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 (Rotech Healthcare Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this IndentureIndenture or the Intercreditor Agreement, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes or the Note Guarantees to violate this Article 10 or otherwise has actual knowledge of such factsthe Intercreditor Agreement. Only the Company or a Representative may give the notice. Nothing in this Article 10 or the Intercreditor Agreement 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 (Assisted Living Concepts Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 XI, or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the Securities, unless a Responsible Officer of the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five three (3) 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 Securities to violate this Article or otherwise has actual knowledge of such factsXI. Only the Company or a trustee or Representative with respect to Senior Indebtedness may give the notice. Nothing in this Article 10 XI, 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 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 (Protein Design Labs Inc/De)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Exchange Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesNotes, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee at least five three Business Days prior to the date of upon which such payment would otherwise become due and payable written notice of facts that would cause the payment of any Obligations with respect to the Securities Notes to violate this Article or otherwise has actual knowledge of such facts10. Only the Company, the holders of Senior Debt of the Company or a Representative therefor may give the any such notice. Nothing in this Article 10 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 of the Company 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: Exchange Indenture (Pca Valdosta Corp)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 Thirteen or any other provision of this Indenture, the Trustee 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 any the Paying Agent may continue to make payments on the SecuritiesDebentures, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Debentures to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company or a Representative the Senior Discount Debentures Trustee may give the notice. Nothing in this Article 10 Thirteen 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 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 (Liberty Group Publishing Inc)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any payment or distribution by the Trustee, or the taking of any action by the Trustee pursuant to this Article 11, and the Trustee and any or Paying Agent may continue to make payments on the Securities, Securities unless the Trustee it shall have received at the its Corporate Trust Office of the Trustee 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 Securities to violate this Article or otherwise has actual knowledge of such factsArticle. Only the Company Company, a Representative, the Conversion Agent or a holder of an issue of Senior Indebtedness that has no Representative may give the notice. Nothing in this Article 10 11 shall apply to amounts due to, or 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 (JCC Holding Co)

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not be 100 94 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 any the Paying Agent may continue to make payments on the SecuritiesNotes and the Subsidiary Guarantees, if any, unless the Trustee shall have received at the its Corporate Trust Office of the Trustee 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 Securities Notes or Subsidiary Guarantees, if any, to violate this Article Article, which notice shall specifically refer to Section 10.3 or otherwise has actual knowledge of such facts10.4 hereof. Only the Company or a Representative may give the notice. Nothing in this Article 10 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 (Belco Oil & Gas Corp)

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