Trust Indenture Act Compliance Sample Clauses

Trust Indenture Act Compliance. The Company and the Operating Partnership will comply with the Trust Indenture Act so as to permit the completion of the distribution of the Securities as contemplated in this Agreement and in the Disclosure Package and the Prospectus.
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Trust Indenture Act Compliance. Notwithstanding the foregoing provisions of this Section 5.4, the Collateral Agent is not authorized to release any Collateral or to provide any such release or termination statement unless the Collateral Agent shall have received a certificate from the Company certifying that all documentation required by Section 314(d) of the Trust Indenture Act of 1939, as amended, in connection with such release has been duly furnished to the Trustee in accordance with Section 10.04 of each of the Indenture.
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Trust Indenture Act Compliance. Notwithstanding the foregoing provisions of this Section 8, except for (i) the collection (including through a collection agency) of accounts receivable (including checks and other instruments received by the Borrowers and their Subsidiaries in respect thereof) in the ordinary course of business, (ii) pursuant to Section 10.3(b) of the Indenture, the disposition of inventory (as defined in the Uniform Commercial Code as in effect from time to time in the State of New York) in the ordinary course of business, (iii) utilization of cash as provided in and subject to Section Section 4(a) and 4(b) hereof, or (iv) the release, withdrawal and utilization of cash and all funds on deposit in bank accounts of the Borrowers and their Subsidiaries (including without limitation Proceeds of Collateral), the Collateral Agent is not authorized to release any Collateral or to provide any such release, termination statement or instrument of subordination unless the Collateral Agent shall have received a certificate from the Borrowers certifying that all documentation required by Section 314(d) of the Trust Indenture Act of 1939, as amended, in connection with such release has been duly furnished to the Trustee in accordance with Section 10.4 of the Indenture.
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Trust Indenture Act Compliance the release, withdrawal and utilization of cash and all funds on deposit in bank accounts of the Borrowers and their Subsidiaries (including without limitation proceeds of Collateral), the Collateral Agent is not authorized to release any Collateral or to provide any such release, termination statement or instrument of subordination unless the Collateral Agent shall have received a certificate from the Borrowers certifying that all documentation required by Section 314(d) of the Trust Indenture Act of 1939, as amended, in connection with such release has been duly furnished to the Trustee in accordance with Section 10.4 of the Indenture.
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Related to Trust Indenture Act Compliance

  • Trust Indenture Act Controls If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the TIA, the required provision shall control.

  • Compliance with Trust Indenture Act Every amendment or supplement to this Indenture or the Notes shall be set forth in a amended or supplemental Indenture that complies with the TIA as then in effect.

  • Trust Indenture Act; Conflict with Trust Indenture Act (a) This Trust Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Trust Agreement and shall, to the extent applicable, be governed by such provisions. (b) The Property Trustee shall be the only Trustee which is a trustee for the purposes of the Trust Indenture Act. (c) If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this Trust Agreement by any of the provisions of the Trust Indenture Act, such required provision shall control. If any provision of this Trust Agreement modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Trust Agreement as so modified or excluded, as the case may be. (d) The application of the Trust Indenture Act to this Trust Agreement shall not affect the nature of the Securities as equity securities representing undivided beneficial interests in the assets of the Trust.

  • Compliance with the Trust Indenture Act From the date on which this Indenture is qualified under the Trust Indenture Act, every amendment, waiver or supplement of this Indenture, the Notes or the Subsidiary Guarantees shall comply with the Trust Indenture Act as then in effect.

  • Trust Indenture Act The Trust Indenture Act of 1939, as amended.

  • Trust Indenture Act; Application (a) This Guarantee Agreement is subject to the provisions of the Trust Indenture Act that are required to be part of this Guarantee Agreement and shall, to the extent applicable, be governed by such provisions. (b) If and to the extent that any provision of this Guarantee Agreement limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control.

  • Conformity with Trust Indenture Act Every supplemental indenture executed pursuant to this Article shall conform to the requirements of the Trust Indenture Act as then in effect.

  • of the Trust Indenture Act Nothing herein shall prevent the Trustee from filing with the Commission the application referred to in the second to last paragraph of said Section 310(b).

  • Conflict with Trust Indenture Act If any provision hereof limits, qualifies or conflicts with another provision hereof that is required to be included in this Indenture by any of the provisions of the Trust Indenture Act, such required provision shall control. The provisions of TIA Sections 310 through 317 that impose duties on any person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

  • Compliance with Trust Indenture Act; Effect of Supplemental Indentures Any supplemental indenture executed pursuant to the provisions of this Article IX shall comply with the Trust Indenture Act. Upon the execution of any supplemental indenture pursuant to the provisions of this Article IX, this Indenture shall be and be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties and immunities under this Indenture of the Trustee, the Company and the holders of Securities shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments and all the terms and conditions of any such supplemental indenture shall be and be deemed to be part of the terms and conditions of this Indenture for any and all purposes.

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