Common use of TIA Controls Clause in Contracts

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 15 contracts

Samples: Senior Indenture (Mohawk Industries Inc), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Indenture (Mohawk Capital Luxembourg SA)

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TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed another provision which is required or deemed to be included in this Indenture by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, such required or deemed provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall be deemed (i) to apply to this Indenture as so modified or (ii) to be excluded, as the case may be.

Appears in 3 contracts

Samples: Indenture (BWAY Holding CO), Indenture (Bway Corp), Indenture (Bway Corp)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 3 contracts

Samples: Euro Indenture (JSG Acquisitions I), Dollar Indenture (JSG Acquisitions I), Dollar Indenture (MDCP Acquisitions I)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by, or with another provision included in this Indenture by operation of, Sections 3.10 to 3.18, inclusive of the TIA, the such imposed duties, upon qualification of this Indenture under the TIA, duties or incorporated provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 3 contracts

Samples: Indenture (Trism Inc /De/), Indenture (Trism Inc /De/), Indenture (Trism Inc /De/)

TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, shall control. If any provision of this Indenture modifies or excludes ; provided, that if any provision of the TIA which may be so is modified or excludedwaived for purposes of this Indenture pursuant to the express terms hereof, the latter provision such waiver or modification shall be deemed to apply to given full force and effect for purposes of this Indenture as so modified to the extent such waiver or to be excluded, as modification is not violative of provisions of the case may beTIA.

Appears in 3 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (JCC Holding Co)

TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation TIA Section 318(c), such duties imposed by such section of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.

Appears in 2 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of whether or not this Indenture has been qualified under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, then the latter applicable TIA provision shall be deemed to apply to this Indenture as so modified modified, or to shall be excluded, as the case may be.

Appears in 2 contracts

Samples: Indenture (Total Renal Care Holdings Inc), Indenture (General Semiconductor Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification regardless of whether this Indenture has been qualified under the TIA, shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, then the latter applicable TIA provision shall be deemed to apply to this Indenture as so modified modified, or to shall be excluded, as the case may be.

Appears in 1 contract

Samples: Purchase Agreement (Apollo Investment Fund Iv Lp)

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TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. 101

Appears in 1 contract

Samples: Euro Indenture (MDCP Acquisitions I)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed another provision which is required to be included in this Indenture by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, required provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter provision shall should be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: Indenture (Aerosol Services Co Inc)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of Section 3.18(c) of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: Indenture (Preem Holdings Ab Publ)

TIA Controls. If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which may that can be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be. The Subsidiary Guarantor in addition to performing its obligations under the Subsidiary Guarantee shall perform such other obligations as may be imposed on it with respect to this Indenture under the TIA.

Appears in 1 contract

Samples: Dollar Indenture (MDCP Acquisitions I)

TIA Controls. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation TIA 'SS' 318(c), such duties imposed by such section of the TIA, the imposed duties, upon qualification of this Indenture under the TIA, TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.

Appears in 1 contract

Samples: Indenture (Agere Systems Inc)

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