Common use of Rights of Trustee as Holder of Senior Indebtedness Clause in Contracts

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

Appears in 20 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

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

Appears in 16 contracts

Samples: Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)

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

Appears in 10 contracts

Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided, however, that nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing ; and provided, further, that nothing in this Article Thirteen shall apply to claims of, or payments payment to, the Trustee under or pursuant to Section 6.6607.

Appears in 6 contracts

Samples: Indenture (FNB Corp/Fl/), Indenture (FNB Corp/Fl/), Indenture (Thaxton Group Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen Sixteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 5 contracts

Samples: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Marine 300 Series Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen (or other subordination provisions applicable to a series of the Securities) with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness, provided that nothing in this Indenture shall deprive the Trustee of any of its the rights as such holder. Nothing holder and provided further that nothing in this Article Thirteen or other subordination provisions applicable to a series of the Securities shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 4 contracts

Samples: Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.), Indenture (BrightView Holdings, Inc.)

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

Appears in 4 contracts

Samples: Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness; and nothing in Section 6.12, or elsewhere in this Indenture Indenture, shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.

Appears in 3 contracts

Samples: Indenture (Robbins & Myers Inc), Indenture (Systems & Computer Technology Corp), Indenture (Alpha Technologies Group Inc)

Rights of Trustee as Holder of Senior Indebtedness. The -------------------------------------------------- Trustee shall be entitled to all the rights set forth in this Article Thirteen XI with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.67.7.

Appears in 3 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Supplemental Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.SECTION 410. Article

Appears in 3 contracts

Samples: Fifth Supplemental Indenture (Detroit Edison Co), Fourth Supplemental Indenture (Detroit Edison Co), Fifth Supplemental Indenture (Detroit Edison Co)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided that nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing ; and provided, further, that nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 3 contracts

Samples: Indenture (Modine Manufacturing Co), Indenture (Cellular Dynamics International, Inc.), Indenture (Modine Manufacturing Co)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with Ten in respect to of any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall be construed to deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6.

Appears in 3 contracts

Samples: Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness; and nothing in Section 7.13, or elsewhere in this Indenture Indenture, shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.67.06.

Appears in 3 contracts

Samples: Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided that nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing ; and provided, further, that nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607. SECTION 1307.

Appears in 2 contracts

Samples: Indenture (Ari Network Services Inc /Wi), Indenture (ZBB Energy Corp)

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

Appears in 2 contracts

Samples: Subordinated Indenture (Service Corporation International), Subordinated Indenture (Service Corporation International)

Rights of Trustee as Holder of Senior Indebtedness. 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 Thirteen Sixteen with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.07.

Appears in 2 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen Fifteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 2 contracts

Samples: Subordinated Debt Indenture (Dynegy Capital Trust Iii), Indenture (Eog Resources Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen 12 with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.67.07. Section 12.

Appears in 2 contracts

Samples: Subordinated Indenture (Coastal Corp), Subordinated Indenture (Coastal Corp)

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

Appears in 2 contracts

Samples: Indenture (Sunsource Inc), Indenture (Sunsource Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen (or other subordination provisions applicable to a series of the Securities) with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness, provided that nothing in this Indenture shall deprive the Trustee of any of its the rights as such holder. Nothing holder and provided further that nothing in this Article Thirteen or other subordination provisions applicable to a series of the Securities shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.67.06.

Appears in 2 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which that may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided, however, that nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing ; and provided, further, that nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 1 contract

Samples: Indenture (Worldcorp Inc)

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Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; PROVIDED that nothing in this Indenture Article shall deprive the Trustee of any of its rights as such holder. Nothing holder and PROVIDED FURTHER that nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 1 contract

Samples: Indenture (Fingerhut Companies Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which that may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness; and nothing in Section 8.13, or elsewhere in this Indenture Indenture, shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.68.06.

Appears in 1 contract

Samples: Indenture (Emc Corp)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen XIII with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. , Nothing in this Article Thirteen XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.7.

Appears in 1 contract

Samples: Indenture (Usg Corp)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen III with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided that nothing in this Indenture Article III shall deprive the Trustee of any of its rights as such holder. Nothing holder and provided further that nothing in this Article Thirteen III shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.67.7 of the Base Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Customers Bancorp, Inc.)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen Fifteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.7.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Adelphia Communications Corp)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and indebtedness; provided, however, that nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing ; and provided, further, that nothing in this Article Thirteen shall apply to claims of, or payments to, to the Trustee under or pursuant to Section 6.6607.

Appears in 1 contract

Samples: Indenture (Suntrust Banks Inc)

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

Appears in 1 contract

Samples: Senior Subordinated Indenture (Service Corporation International)

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

Appears in 1 contract

Samples: Indenture (Nextel Communications Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee in its individual capacity shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent as any other holder of Senior Indebtedness Indebtedness, and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.7.

Appears in 1 contract

Samples: Indenture (Mego Mortgage Corp)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen XV with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen XV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.7 above.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Kforce Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen XIII with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and nothing in this Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article Thirteen XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.66.7.

Appears in 1 contract

Samples: Indenture (Dean Foods Co)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all of the rights set forth in this Article Thirteen with in respect to of any Senior Indebtedness which may Indebtedness, at the any time be held by it, it to the same extent as any other holder Holder of Senior Indebtedness Indebtedness, and nothing in Section 8.13 of this Indenture or elsewhere in this Indenture shall be construed to deprive the Trustee of or any of its rights as such holder. Nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6Holder.

Appears in 1 contract

Samples: Indenture (Palomar Medical Technologies Inc)

Rights of Trustee as Holder of Senior Indebtedness. The Trustee shall be entitled to all the rights set forth in this Article Thirteen with respect to any Senior Indebtedness which may at the time be held by it, to the same extent as any other holder of Senior Indebtedness and Indebtedness; provided that nothing in this Indenture Article shall deprive the Trustee of any of its rights as such holder. Nothing holder and provided further that nothing in this Article Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 6.6607.

Appears in 1 contract

Samples: Indenture (Northrop Grumman Corp /De/)

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