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.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA ss.318(c), the imposed duties shall control.
Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by Trust Indenture Act Section 318(c), the imposed duties shall control.
Trust Indenture Act Controls. 51 SECTION 11.02 Notices............................................................................... 51 SECTION 11.03 Communication by Holders with Other Holders........................................... 52 SECTION 11.04 Certificate and Opinion as to Conditions Precedent.................................... 52 SECTION 11.05 Statements Required in Certificate or Opinion......................................... 53 SECTION 11.06 Rules by Trustee and Agents........................................................... 53 SECTION 11.07
Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision of this Supplemental Indenture or the Indenture that is required to be included by the Trust Indenture Act of 1939, as amended, as in force at the date this Supplemental Indenture is executed, the provision required by said Act shall control.
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. 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.
Trust Indenture Act Controls. 34 Section 13.02. Notices..............................................................................34 Section 13.03. Communication by Holders of Notes with Other Holders of Notes........................35 Section 13.04. Certificate and Opinion as to Conditions Precedent...................................35 Section 13.05. Statements Required in Certificate or Opinion........................................36 Section 13.06. Rules by Trustee and Agents..........................................................36 Section 13.07. Tax Treatment........................................................................36 Section 13.08. Governing Law; Waiver of Jury Trial..................................................36 Section 13.09. No Adverse Interpretation of Other Agreements........................................37 Section 13.10. Successors...........................................................................37 Section 13.11. Severability.........................................................................37 Section 13.12. Counterpart Originals................................................................37 Section 13.13. Table of Contents, Headings, etc.....................................................37 EXHIBITS EXHIBIT A.........Form of Non-Recourse Secured Note
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. If any provision of this Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.
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 provision required by the TIA shall control. Each Subsidiary Guarantor in addition to performing its obligations under its Subsidiary Guarantee shall perform such other obligations as may be imposed upon it with respect to this Indenture under the TIA.
Trust Indenture Act Controls. 66 Section 11.02. Notices............................................66 Section 11.03. Communication by Holders of Senior Notes with Other Holders of Senior Notes...............68 Section 11.04. Certificate and Opinion as to Conditions Precedent.............................68 Section 11.05. Statements Required in Certificate or Opinion......68 Section 11.06. Rules by Trustee and Agents........................68 Section 11.07. No Personal Liability of Directors, Officers, Employees and Stockholders.............69 Section 11.08. Governing Law......................................69 Section 11.09. No Adverse Interpretation of Other Agreements......69 Section 11.10. Successors.........................................69 Section 11.11. Severability.......................................69 Section 11.12. Counterpart Originals..............................69 Section 11.13. Table of Contents, Headings, etc...................69 EXHIBITS Exhibit A FORM OF NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF CERTIFICATE OF ACQUIRING INSTITUTIONAL ACCREDITED INVESTOR Exhibit E FORM OF NOTATION OF SUBSIDIARY GUARANTEE Exhibit F FORM OF SUPPLEMENTAL INDENTURE INDENTURE dated as of June 19, 1997 between Xxxxxxx Sports Inc., a Delaware corporation (the "Company"), each domestic subsidiary of the Company, listed on Schedule I attached hereto, as Guarantors (the "Guarantors"), and Marine Midland Bank, as trustee (the "Trustee"). The Company, the Guarantors and the Trustee agree as follows for the benefit of each other and for the equal and ratable benefit of the Holders of the 10 1/2% Senior Notes due 2007.
