Common use of Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights Clause in Contracts

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

Appears in 147 contracts

Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp), Junior Subordinated Indenture (Great Wolf Resorts, Inc.)

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Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.7.

Appears in 41 contracts

Samples: Junior Subordinated Indenture (Lincoln National Corp), Indenture (Atmi Inc), Indenture (Uromed Corp)

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

Appears in 22 contracts

Samples: Junior Subordinated Indenture (J P Morgan Chase & Co), Junior Subordinated Indenture (Chase Capital Iii), Junior Subordinated Indenture (Nevada Power Co)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 606.

Appears in 17 contracts

Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 5.06.

Appears in 16 contracts

Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 15 contracts

Samples: Indenture (RadNet, Inc.), Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 10 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Global Signal Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.06.

Appears in 8 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC), Indenture (Titan Concrete Industries, Inc.)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with Fourteen in respect to of any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 5 contracts

Samples: Indenture (Psi Energy Inc), Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)

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

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Banponce Trust Ii), Junior Subordinated Indenture (Banponce Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07.

Appears in 4 contracts

Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article XII Twelve with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee or any Authenticating Agent of any of its rights as such holder. Nothing in this Article Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Appears in 3 contracts

Samples: Indenture (PLBY Group, Inc.), Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Eleven with respect to any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Eleven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 5.7.

Appears in 3 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Indenture (Cell Therapeutics Inc), Indenture (Asm International N V)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with 11 in respect to of any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 3 contracts

Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07.

Appears in 3 contracts

Samples: Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.), Indenture (Horsehead Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Appears in 3 contracts

Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture

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

Appears in 3 contracts

Samples: Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Scana Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6 hereof.

Appears in 3 contracts

Samples: Indenture (Advanced Energy Industries Inc), Indenture (Willamette Industries Inc), Indenture (Advanced Energy Industries Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII 18 with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 18 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Appears in 2 contracts

Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.

Appears in 2 contracts

Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)

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

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)

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

Appears in 2 contracts

Samples: Junior Subordinated Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (M&t Bank Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 2 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

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

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that or Guarantor Senior Debt which may at any time be held by it, to the same extent as any other holder of Senior Debt or Guarantor Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07.

Appears in 1 contract

Samples: Indenture (R H Donnelley Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that or Guarantor Senior Debt which may at any time be held by it, to the same extent as any other holder of Senior Debt or Guarantor Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Hollywood Theaters Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt of the Corporation that may at any time be held by it, to the 197 same extent as any other holder of Senior Debt, Debt of the Corporation and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Sce&g Trust I)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Sixteen with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.06.

Appears in 1 contract

Samples: Indenture (Boston Properties LTD Partnership)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Debt that or Guarantor Senior Debt which may at any time be held by it, to the same extent as any other holder of Senior Debt or Guarantor Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 606.

Appears in 1 contract

Samples: Indenture (Tropical Sportswear Co Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing Nothing in this Indenture Article shall deprive apply to claims of, or payments to, the Trustee of any of its rights as such holderunder or pursuant to Section 6.7.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Allied Waste Industries Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.10 or Section 7.07.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.7. 101

Appears in 1 contract

Samples: Indenture (Reliant Resources Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Fifteen with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (SSL South, LLC)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture Indent re shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.7.

Appears in 1 contract

Samples: Indenture (Tech Data Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 5.08.

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

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Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.8 of the Base Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Aol Time Warner Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Seventeen with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.06.

Appears in 1 contract

Samples: Indenture (Boston Properties LTD Partnership)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Fourteen with respect to any Senior Debt that or Subsidiary Guarantor Senior Debt which may at any time be held by it, to the same extent as any other holder of Senior Debt or Subsidiary Guarantor Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Citadel Communications Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607 all of which shall be paid directly to the Trustee.

Appears in 1 contract

Samples: Subordinated Indenture (Scottish Power Finance (US) Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee, in any of its various capacities, under or pursuant to Section 6.7.

Appears in 1 contract

Samples: Indenture (Collegiate Pacific Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.7 hereof.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Owens Corning Capital Ii)

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

Appears in 1 contract

Samples: Junior Subordinated Indenture (Sea Pines Associates Inc)

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

Appears in 1 contract

Samples: First Supplemental Indenture (Pioneer Standard Electronics Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.5.

Appears in 1 contract

Samples: Indenture (Bank Bradesco)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XI with respect to any Senior Debt that of Sterling which may at any time be held by it, to the same extent as any other holder of Senior DebtDebt of Sterling, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 8.07.

Appears in 1 contract

Samples: Indenture (Sterling Chemical Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that of the Company or the Guarantor, as the case may be, which may at any time be held by it, to the same extent as any other holder of such Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall be construed to apply to claims of the Trustee or any predecessor Trustee under Section 5.6 or 6.7.

Appears in 1 contract

Samples: Junior Subordinated Indenture (FPC Capital Ii)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 8.06.

Appears in 1 contract

Samples: Indenture (Allied Waste Industries Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its respective individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, Debt and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Jefferies Group Capital Finance Inc.)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity or any other capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 5.06 and 6.07.

Appears in 1 contract

Samples: Indenture (Marathon Petroleum Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII Sixteen with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 606.

Appears in 1 contract

Samples: Indenture (Apex Mortgage Capital Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.. 64

Appears in 1 contract

Samples: Junior Subordinated Indenture (Simmons First National Corp)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 607.

Appears in 1 contract

Samples: Indenture (Brookdale Living Communities Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder.. Nothing in this Article shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.7. -85- 91

Appears in 1 contract

Samples: Indenture (I2 Technologies Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Appears in 1 contract

Samples: Indenture (Seitel Capital Trust Ii)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.07.

Appears in 1 contract

Samples: Indenture (IVZ Inc)

Rights of Trustee as Holder of Senior Debt; Preservation of Trustee’s Rights. The Trustee or any authenticating agent in its individual capacity shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Debt that which may at any time be held by it, to the same extent as any other holder of Senior Debt, and nothing in this Indenture shall deprive the Trustee or any authenticating agent of any of its rights as such holder. Nothing in this Article X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Appears in 1 contract

Samples: Indenture (Oasis Interval Ownership, LLC)

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

Appears in 1 contract

Samples: Junior Subordinated Indenture (Gramercy Capital Corp)

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

Appears in 1 contract

Samples: Indenture (Marathon Petroleum Corp)

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