Common use of Trust Indenture Act Controls Clause in Contracts

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA, the imposed duties shall control under this Indenture.

Appears in 36 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

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Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c) upon an indenture in relation to indentures qualified under the TIA, the imposed duties shall control will control, irrespective of whether or not this Indenture is qualified under this Indenturethe TIA.

Appears in 17 contracts

Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP)

Trust Indenture Act Controls. Whether prior to or following From the qualification of date on which this Indenture is qualified under the TIA, if and to the extent that any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by, or with another provision (an “incorporated provision”) included in this Indenture by operation of, Sections 310 to 318 of TIA Section 318(c) upon an indenture qualified under the TIA, the inclusive, such imposed duties or incorporated provision shall control under this Indenturecontrol.

Appears in 16 contracts

Samples: Indenture, Indenture (Safeway Stores 42, Inc.), Indenture (Safeway Stores 42, Inc.)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 16 contracts

Samples: Indenture (Esterline Technologies Corp), Indenture (Hhgregg, Inc.), Indenture (Landrys Restaurants Inc)

Trust Indenture Act Controls. Whether prior This Indenture shall incorporate and be governed by the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if . If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 16 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Delek Logistics Partners, LP), Indenture (Exterran Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of If this Indenture is qualified under the TIA, if TIA and any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under will control. As of the Issue Date, this IndentureIndenture is not subject to the TIA.

Appears in 13 contracts

Samples: Indenture (Xenia Hotels & Resorts, Inc.), Indenture (Pebblebrook Hotel Trust), Indenture (Park Hotels & Resorts Inc.)

Trust Indenture Act Controls. Whether prior to or following the qualification of If this Indenture is qualified under the TIA, if TIA and any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 12 contracts

Samples: Indenture (Six Flags Entertainment Corp), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 12 contracts

Samples: Indenture (Us Concrete Inc), Senior Debt Indenture (Lyondell Trust Iii), Indenture (Petroquest Energy Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture or any Supplemental Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation Sections 310 through 317 of TIA Section 318(c) upon an indenture qualified under the TIA, the imposed duties shall control under this Indenturewill control.

Appears in 11 contracts

Samples: Indenture (National Storage Affiliates Trust), Indenture (National Storage Affiliates Trust), Indenture (Ready Capital Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of If this Indenture is qualified under the TIA, then this Indenture shall incorporate and be governed by the provisions of the TIA that are required to be part of and to govern indentures qualified under the TIA and, in such event, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 8 contracts

Samples: Indenture (Extraction Oil & Gas, Inc.), Indenture (Parsley Energy, Inc.), Indenture (Extraction Oil & Gas, Inc.)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture Indenture qualified under the TIA, the imposed duties shall control under this Indenture.

Appears in 5 contracts

Samples: Indenture (National Energy Group Inc), Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)

Trust Indenture Act Controls. Whether prior This Indenture shall incorporate and be governed by the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if whether or not this Indenture is qualified thereunder. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 5 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Trust Indenture Act Controls. Whether prior This Indenture shall incorporate and be governed by the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if . If and to the extent that any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of the TIA including TIA Section 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 4 contracts

Samples: Supplemental Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp), Purchase Agreement (Goodrich Petroleum Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the duties imposed duties shall control under this Indentureby the TIA will control.

Appears in 4 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Trust Indenture Act Controls. Whether prior This Indenture is subject to, and shall be governed by, the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if . If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 3 contracts

Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Ion Geophysical Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section (S) 318(c) upon an indenture Indenture qualified under the TIA, the imposed duties shall control under this Indenture.

Appears in 3 contracts

Samples: Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section (S) 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 2 contracts

Samples: Indenture (Plains Resources Inc), Indenture (Plains Resources Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c(S)318(c) upon an indenture Indenture qualified under the TIA, the imposed duties shall control under this Indenture.

Appears in 2 contracts

Samples: Indenture (Brigham Exploration Co), Indenture (Enron Capital & Trade Resources Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon another provision which is required to be included in an indenture qualified under the TIA, the imposed duties required provision shall control under this Indenturecontrol.

Appears in 2 contracts

Samples: Indenture (Shaw Group Inc), Indenture (Shaw Group Inc)

Trust Indenture Act Controls. Whether prior to or following After the qualification qualification, if any, of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties will control. Any provision of the TIA which is required to be included in a qualified indenture, but not expressly included herein, shall control be deemed to be included in this Indenture by this reference upon the qualification of this Indenture under this Indenturethe TIA.

Appears in 2 contracts

Samples: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)

Trust Indenture Act Controls. Whether prior This Indenture is subject to or following the qualification provising of the TIA which are required to be part of this Indenture under the TIA, if Indenture. If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIAss.318(c), the imposed duties shall control under this Indenturewill control.

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c) upon in respect of an indenture qualified under the TIA, the such TIA-imposed duties shall control control, whether or not this Indenture is then qualified under this Indenturethe TIA.

Appears in 1 contract

Samples: Indenture (EV Energy Partners, LP)

Trust Indenture Act Controls. Whether prior to or following Following the qualification of this the Indenture under the TIA, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 1 contract

Samples: Indenture (CVR Energy Inc)

Trust Indenture Act Controls. Whether prior to or following From the qualification of date on which this Indenture is qualified under the TIA, if this Indenture shall incorporate and be governed by the provisions of the TIA that are required to be part of and to govern indentures qualified under the TIA. If and to the extent that any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of the TIA including TIA Section 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Goodrich Petroleum Corp)

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Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section (S)318(c), the duties imposed by TIA (S) 318(c) upon an indenture qualified under the TIA, the imposed duties shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Auto Marketing Network Inc)

Trust Indenture Act Controls. Whether prior This Indenture is subject to, and shall be governed by, the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if . If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturewill control.

Appears in 1 contract

Samples: Indenture (Nuverra Environmental Solutions, Inc.)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA§318(a), the imposed duties of the TIA shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Trump Entertainment Resorts Holdings Lp)

Trust Indenture Act Controls. Whether prior To the extent the TIA is applicable to or following the qualification of this Indenture under the TIAat such time, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed another provision which is required or deemed to be included in this Indenture by operation of TIA Section 318(c) upon an indenture qualified under the TIA, the imposed duties shall control under this Indenturesuch required or deemed provision will control.

Appears in 1 contract

Samples: Indenture (T-Mobile US, Inc.)

Trust Indenture Act Controls. Whether prior The Indenture shall be deemed to or following the qualification of this Indenture have been qualified under the TIA, if . If any provision of this Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Indenture by the duties imposed by operation TIA as a result of TIA the deemed qualification thereof under this Section 318(c) upon an indenture qualified under the TIA11.01, the imposed duties required provision shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c) upon an indenture qualified under the TIA), the imposed duties shall control under to the extent that the TIA is then applicable to this Indenture.

Appears in 1 contract

Samples: Indenture (Revel Entertainment Group, LLC)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under of the TIA, the imposed duties duties, upon qualification of this Indenture under the TIA, shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Synetic Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of If this Indenture is qualified under the TIA, if TIA and any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA, the duties imposed duties by the TIA shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Ameristeel Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA), the duties imposed duties shall control under this Indentureby the TIA will control.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA), the imposed duties shall control control, irrespective of whether or not this Indenture has yet been qualified under this Indenturethe TIA.

Appears in 1 contract

Samples: Indenture (Azurix Corp)

Trust Indenture Act Controls. Whether prior This Indenture is subject to, and shall be governed by, the provisions of the TIA that are required to or following the qualification be part of this Indenture and to govern indentures qualified under the TIA, if . If any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA§318 (c), the imposed duties shall control under this Indenturewill control.

Appears in 1 contract

Samples: Indenture (Nuverra Environmental Solutions, Inc.)

Trust Indenture Act Controls. Whether prior to or following the qualification of If this Indenture is qualified under the TIA, if TIA and any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) upon an indenture qualified under the TIA), the imposed duties shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Terrace Energy Corp)

Trust Indenture Act Controls. Whether prior to or following the qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies, or conflicts with the duties imposed by operation of TIA Section ss. 318(c) upon an indenture Indenture qualified under the TIA, the imposed duties shall control under this Indenture.

Appears in 1 contract

Samples: Indenture (Brigham Holdings Ii LLC)

Trust Indenture Act Controls. Whether prior to or following the Upon qualification of this the Indenture under the TIA, if any provision of this Indenture limits, qualifies, qualifies or conflicts with the duties imposed another provision which is required to be included in this Indenture by operation of TIA Section 318(c) upon an indenture qualified under the TIA, the imposed duties provision required by the TIA shall control under this Indenturecontrol.

Appears in 1 contract

Samples: Indenture (Stillwater Mining Co /De/)

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