Common use of Securityholders Authorize Trustee to Effectuate Subordination of Securities Clause in Contracts

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the Issuer, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 4 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

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Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, total liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 4 contracts

Samples: Indenture (General Chemical Group Inc), Indenture (Timber Tech Inc), Indenture (Airxcel Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance of such Securities thereof authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, XIII and appoints the Trustee its or his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the immediate filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedingssaid proceedings and cause said claim to be approved.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Subordinated Indenture (Nationwide Financial Services Inc/)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Twelve, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 4 contracts

Samples: Indenture (HPH Homebuilders 2000 Lp), Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 4 contracts

Samples: Indenture (Pen Tab Industries Inc), Indenture (United Auto Group Inc), Indenture (United Auto Group Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an a general assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 3 contracts

Samples: Indenture (Tekni Plex Inc), Indenture (Tekni Plex Inc), Indenture (Dolco Packaging Corp /De/)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Debt Securities by his its acceptance of such Securities thereof authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, 11 and appoints the Trustee its or his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the immediate filing of a claim for the unpaid balance of its or his Debt Securities in the form required in those proceedingssaid proceedings and cause said claim to be approved.

Appears in 2 contracts

Samples: Subordinated Indenture (CVS HEALTH Corp), Subordinated Indenture (CVS Caremark Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 2 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (General Cable Corp /De/)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 2 contracts

Samples: Indenture (Tci Satellite Entertainment Inc), Indenture (Tci Satellite Entertainment Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Debt Securities by his its acceptance of such Securities thereof authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, 11 and appoints the Trustee its or his attorney-in-in- fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcybankrupt cy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the immediate filing of a claim for the unpaid balance of its or his Debt Securities in the form required in those proceedingssaid proceedings and cause said claim to be approved.

Appears in 1 contract

Samples: Subordinated Indenture (CVS Caremark Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-in- fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Carson Products Co)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, including in the event of any proceeding for the dissolution, winding-winding up, liquidation or reorganization of the an Issuer or a Subsidiary (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) or tending towards liquidation of the business and assets of the Issuersuch Issuer or such Subsidiary, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Ten, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business busi- ness and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Autotote Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the Issuer, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Black Creek Management LLC)

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Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Ten, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of either of the Issuer Issuers (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of either of the IssuerIssuers, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Frontiervision Capital Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance of such Securities thereof authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, XIII and appoints the Trustee its or his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency -62- 69 or similar receivership proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the immediate filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedingssaid proceedings and cause said claim to be approved.

Appears in 1 contract

Samples: Subordinated Indenture (Hartford Life Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Article, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Aep Industries Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Fedders North America Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities them authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article 10Ten, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities and accrued interest in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Wickes Inc)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, total liquidation or reorganization of the an Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the Issuer, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.or

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Issuer Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the IssuerCompany, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Scientific Games Corp)

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by his its acceptance of such Securities authorizes and expressly directs the Trustee on its or his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10Eight, and appoints the Trustee its or his attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of either of the Issuer Issuers (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of either of the IssuerIssuers, the filing of a claim for the unpaid balance of its or his Securities in the form required in those proceedings.

Appears in 1 contract

Samples: Indenture (Digital Television Services of Kansas LLC)

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