Separability of Indenture Provisions Sample Clauses

Separability of Indenture Provisions. In case any one or more of the provisions contained in this Indenture or in the Debentures of any series shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of such Debentures, but this Indenture and such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.
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Separability of Indenture Provisions. In case any one or more of the provisions contained in this Indenture or in the Notes shall for any reason be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof and thereof shall not in any way be affected or impaired in any way.
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Separability of Indenture Provisions. .. 54 Section 13.11. Assignment by Company to a Subsidiary or Affiliate................... 54
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Separability of Indenture Provisions. If any provision of this Indenture shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions or in all cases because it conflicts with any provision of any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Indenture contained shall not affect the remaining portions of this Indenture or any part thereof.
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Separability of Indenture Provisions. 57 SECTION 13.11. ASSIGNMENT BY COMPANY TO A SUBSIDIARY OR AFFILIATE. . . . . . 58 SECTION 13.12. HOLDERS OF PREFERRED SECURITIES AS THIRD PARTY BENEFICIARIES OF THE INDENTURE; HOLDERS OF PREFERRED SECURITIES MAY INSTITUTE LEGAL PROCEEDINGS AGAINST THE COMPANY IN CERTAIN CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Separability of Indenture Provisions. 73 SECTION 15.12. COMPANY REMAINS LIABLE; RIGHTS OF COMPANY.................................73 SECTION 15.13. ENVIRONMENTAL INDEMNITY AND COVENANT NOT TO XXX...........................74 Signature Page.......................................................................................76 ATTACHMENTS TO INDENTURE, ASSIGNMENT AND SECURITY AGREEMENT: SCHEDULE I -- Description of Transportation Contracts SCHEDULE II -- Description of Support Agreements EXHIBIT A -- Form of Note EXHIBIT B-1 -- Form of Debt Service Coverage Certificate EXHIBIT B-2 -- Form of Projected Debt Service Coverage Certificate EXHIBIT C -- Subordination Provisions EXHIBIT D -- Intercreditor Agreement INDENTURE, ASSIGNMENT AND SECURITY AGREEMENT THIS INDENTURE, ASSIGNMENT AND SECURITY AGREEMENT (this "INDENTURE"), made and entered into as of this 21st day of December, 1995, by and between TUSCARORA GAS TRANSMISSION COMPANY, a Nevada general partnership, with principal offices in 0000 Xxxx Xxxx, Reno, Nevada 89520-3057 (the "COMPANY"), and WILMINGTON TRUST COMPANY, a Delaware banking corporation with its principal offices in Wilmington, Delaware, as Trustee (the "TRUSTEE"). The Company deems it necessary from time to time to borrow money for its corporate purposes and to issue its Secured Obligations (as hereinafter defined) therefor, and to grant a security interest in the Collateral hereinafter described to secure the payment of the Secured Obligations. The Company proposes to create a series of Notes to be issued hereunder promptly upon the execution and delivery hereof, to be known as 7.13% Senior Secured Notes, Series A, due December 21, 2010 (hereinafter referred to as the "SERIES A NOTES"), to be limited to $91,700,000 in aggregate principal amount at any one time outstanding and to be substantially in the form set forth in Exhibit A hereto. The Company represents that (a) it has all requisite authority under its Partnership Agreement and under all applicable provisions of law: (i) to create and issue the Series A Notes, (ii) to execute and deliver this Indenture, the Note Purchase Agreements and the Notes and (iii) to create a security interest in the Collateral; (b) all action required for the due creation, issuance and delivery of the Series A Notes and the due execution and delivery of this Indenture and the Note Purchase Agreements has been duly and effectively taken; (c) when this Indenture has been executed as herein provided, this Indenture will be a valid and legally bind...
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Separability of Indenture Provisions. 53 SECTION 13.11. Successors and Assigns................................53 SECTION 13.12. Securities in Foreign Currencies......................53 THIS INDENTURE, dated as of the 1st day of November, 2001, between TELEPHONE AND DATA SYSTEMS, INC., a corporation duly organized and existing under the laws of the State of Delaware (hereinafter sometimes referred to as the "Company"), and BNY MIDWEST TRUST COMPANY, an Illinois Trust Company, as trustee (hereinafter sometimes referred to as the "Trustee"):
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Separability of Indenture Provisions. In case any one or ------------------------------------ more of the provisions contained in this Indenture or in the Securities of any series shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of such Securities, but this Indenture and such Securities shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.
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Separability of Indenture Provisions. 58 Section 14.05. Execution of Indenture in Counterparts..................................................58 Section 14.06. Headings Not Controlling................................................................58 Section 14.07. Notices.................................................................................58 Section 14.08. References to Bank and Letter of Credit.................................................59 EXHIBIT A Variable Rate Form of Bond..............................................................................1 TRUST INDENTURE THIS TRUST INDENTURE (this "Indenture") is dated as of September 1, 1999, between The Guilford County Industrial Facilities and Pollution Control Financing Authority, a political subdivision of the State of North Carolina (the "Issuer"), and U.S. Bank Trust National Association, a national banking association organized and existing under the laws of the United States of America with its principal office in St. Paul, Xxnnesota (the "Trustee").
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Related to Separability of Indenture Provisions

  • Termination of Indenture Upon payment in full of the Principal Amount of, Make-Whole Amount, if any, and all accrued and unpaid interest on and other amounts then due with respect to the Equipment Notes and provided that there shall then be no other amounts then due to the Note Holders and the Indenture Trustee hereunder or under the Lease or the Refunding Agreement or otherwise secured hereby, the Lien of this Indenture shall be deemed discharged and the security interests in favor of the Indenture Trustee and the Note Holders hereunder shall terminate, and the Owner Trustee shall direct the Indenture Trustee to execute and deliver to or as directed in writing by the Owner Trustee, an appropriate instrument evidencing the discharge of such Lien and the termination of such security interest in the Aircraft and release of the Indenture Documents from the assignment and pledge thereof hereunder, and the Indenture Trustee shall execute and deliver such instrument as aforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Trustee to give effect to such discharge, termination and release; provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect as expressly provided pursuant to Article X hereof or upon any sale or other final disposition by the Indenture Trustee of all property part of the Trust Indenture Estate and the final distribution by the Indenture Trustee of all moneys or other property or proceeds constituting part of the Trust Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

  • Incorporation of Indenture All the provisions of this Supplemental Indenture shall be deemed to be incorporated in, and made a part of, the Indenture; and the Indenture, as supplemented and amended by this Supplemental Indenture, shall be read, taken and construed as one and the same instrument.

  • Benefits of Indenture Nothing in this Indenture or in the Securities, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder and the Holders, any benefit or any legal or equitable right, remedy or claim under this Indenture.

  • Ratification of Indenture The Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Indenture in the manner and to the extent herein and therein provided.

  • Confirmation of Indenture The Base Indenture, as supplemented and amended by this Supplemental Indenture and all other indentures supplemental thereto, is in all respects ratified and confirmed, and the Base Indenture, this Supplemental Indenture and all indentures supplemental thereto shall be read, taken and construed as one and the same instrument.

  • Confirmation and Preservation of Indenture The Indenture as supplemented by this Supplemental Indenture is in all respects confirmed and preserved.

  • Ratification of Indenture; Supplemental Indentures Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Ratification of Indenture and Indenture Supplement As supplemented by this Terms Document, each of the Indenture and the Indenture Supplement is in all respects ratified and confirmed and the Indenture as supplemented by the Indenture Supplement and this Terms Document shall be read, taken and construed as one and the same instrument.

  • Qualification of Indenture The Company shall qualify this Indenture under the TIA in accordance with the terms and conditions of the Registration Rights Agreement and shall pay all reasonable costs and expenses (including attorneys' fees and expenses for the Company, the Trustee and the Holders) incurred in connection therewith, including, but not limited to, costs and expenses of qualification of this Indenture and the Securities and printing this Indenture and the Securities. The Trustee shall be entitled to receive from the Company any such Officers' Certificates, Opinions of Counsel or other documentation as it may reasonably request in connection with any such qualification of this Indenture under the TIA.

  • RATIFICATION OF INDENTURE; SUPPLEMENTAL INDENTURE FOR ADDITIONAL GUARANTEES PART OF INDENTURE Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture for Additional Guarantees shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall by bound hereby.

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