Common use of Trust Indenture Act Controls Clause in Contracts

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 94 contracts

Samples: Indenture (Energy Transfer LP), Indenture (Targa Resources Corp.), Shell International Finance B.V.

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Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css.318(c), the imposed duties shall control.

Appears in 88 contracts

Samples: Indenture (Consolidated Container Co LLC), Indenture (Wynn Resorts LTD), Indenture (Niagara Mohawk Power Corp /Ny/)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of TIA Section 318(c)) thereof, the such imposed duties shall control.

Appears in 79 contracts

Samples: Indenture (Meritor Inc), Indenture (Arvinmeritor Inc), Indenture (AbitibiBowater Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall will control.

Appears in 60 contracts

Samples: Indenture (Appvion, Inc.), Supplemental Indenture (Castle a M & Co), Indenture (Harland Financial Solutions, Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the imposed duties shall control.

Appears in 58 contracts

Samples: Indenture (Riley Exploration Permian, Inc.), Indenture (Hilltop Holdings Inc.), Indenture (Tellurian Inc. /De/)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall control.

Appears in 49 contracts

Samples: Equinix Europe (Equinix Europe 2 Financing Corp LLC), Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the such TIA-imposed duties shall control.

Appears in 41 contracts

Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Legacy Reserves Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c), the imposed duties shall control.

Appears in 40 contracts

Samples: Article Twelve Satisfaction And (American Seafoods Inc), Indenture (Elgin National Industries Inc), Indenture (Raceland Truck Plaza & Casino LLC)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(S)318(c), the imposed duties shall control.

Appears in 39 contracts

Samples: Indenture (Nexstar Finance Holdings LLC), Senior Indenture (Airgate PCS Inc /De/), Pledge and Security Agreement (Pac-West Telecomm Inc)

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 39 contracts

Samples: Supplemental Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (Continental Resources, Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css.318(c), the imposed duties shall will control.

Appears in 24 contracts

Samples: Indenture (RathGibson Inc), Indenture (Fort James Corp), Execution Copy (Suburban Propane Partners Lp)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall will control.

Appears in 17 contracts

Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (Analog Devices Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 16 contracts

Samples: Indenture (Landrys Restaurants Inc), Indenture (Landrys Restaurants Inc), Indenture (Science Craftsman INC)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall will control.

Appears in 15 contracts

Samples: Indenture (Hecla Mining Co/De/), Indenture (NRG Energy, Inc.), Indenture (NRG Energy, Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section section 318(c)) of the TIA, the imposed duties shall control.

Appears in 15 contracts

Samples: Indenture (Kinetek Inc), Supplemental Indenture (Katz Media Group Inc), Indenture (Gfsi Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA Sections 310 to 317, inclusive, through operation of TIA Section 318(c), the such imposed duties shall control.

Appears in 11 contracts

Samples: Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall will control.

Appears in 11 contracts

Samples: Agreement (National Coal Corp), Indenture (Interactive Voice Media (Sacramento) Corp.), Indenture (Paramount Resources LTD)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 10 contracts

Samples: Indenture (Delta Mills Inc), Trico Marine Services (Trico Marine Services Inc), Indenture (Consoltex Inc/ Ca)

Trust Indenture Act Controls. If any provision provisions of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c)) of the TIA, the imposed duties shall control.

Appears in 10 contracts

Samples: Supplemental Indenture (Gray Television Inc), Supplemental Indenture (Gray Television Inc), Indenture (Gray Communications Systems Inc /Ga/)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c)) of the TIA, the imposed duties shall control.

Appears in 9 contracts

Samples: Indenture (Birds Eye Foods, Inc.), Indenture (Eagle Picher Holdings Inc), Indenture (Jordan Industries Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)) of the TIA, the imposed duties shall control.

Appears in 9 contracts

Samples: Indenture (CGG), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)

Trust Indenture Act Controls. If any provision of this Indenture Agreement limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 8 contracts

Samples: Indenture (Sac Holding Corp), Indenture (Amerco /Nv/), Indenture (Amerco /Nv/)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed on any Person by operation Sections 310 through 317, inclusive, of TIA Section 318(c)the TIA, the duties imposed duties under such Sections shall control.

Appears in 7 contracts

Samples: Indenture (Transition Auto Finance Ii Inc), Subsidiary Agreement (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Ii Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of TIA Section 318(c)) thereof, the upon qualification of this Indenture thereunder such imposed duties shall control.

Appears in 7 contracts

Samples: Indenture (Manugistics Group Inc), Indenture (Pinnacle Holdings Inc), Indenture (Waste Connections Inc/De)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with a provision which is required to be included in this Indenture by the duties imposed by operation of TIA Section 318(c)TIA, the imposed duties required provision shall control.

Appears in 7 contracts

Samples: Indenture (Usa Education Inc), Indenture (U S West Inc /De/), Usa Education Inc

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the imposed duties shall control.

Appears in 6 contracts

Samples: Indenture (Solgar), Cno Financial (CNO Financial Group, Inc.), Indenture (American Renal Associates LLC)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section section 318(c), the imposed duties shall control.

Appears in 6 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc), Indenture (Aei Resources Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the such imposed duties shall control.

Appears in 6 contracts

Samples: Indenture (CVS Corp), Purchase Agreement (Stage Stores Inc), Purchase Agreement (Stage Stores Inc)

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall will control.

Appears in 6 contracts

Samples: Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Bonanza Creek Energy, Inc.)

Trust Indenture Act Controls. 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. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)the above paragraph, the imposed duties shall control.

Appears in 5 contracts

Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Novink (World Color Press Inc.)

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, 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)the TIA, the inclusive, such imposed duties or incorporated provision shall control.

Appears in 5 contracts

Samples: Indenture (Intelsat LTD), Covenants (PanAmSat Holding CORP), Covenants (Intelsat LTD)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the such imposed duties shall control.

Appears in 4 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.), Indenture (CVS Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA xx.xx. 310 to 317, inclusive, through operation of TIA Section ss. 318(c), the such imposed duties shall control.

Appears in 4 contracts

Samples: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp), Xl Capital LTD

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included herein by any of Sections 310 to 317 inclusive of the duties imposed by operation of TIA Section 318(c)TIA, the imposed duties such required provisions shall control.

Appears in 4 contracts

Samples: Indenture (World Color Press Inc /De/), Indenture (Vegeterian Times Inc), Vegeterian Times Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(cSection318(c), the imposed duties shall control.

Appears in 4 contracts

Samples: Covenants (Watermark Realty Inc), Indenture (Wheeling Pittsburgh Corp /De/), Indenture (Sygnet Wireless Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed which are required to be included in this Indenture by operation of the TIA Section 318(c)310 to 317, inclusive, such duties set forth in the imposed duties TIA shall control.

Appears in 4 contracts

Samples: Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp), Section Indenture (Sierra Pacific Resources)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA (S)(S) 310 to 317, inclusive, through operation of TIA Section (S) 318(c), the such imposed duties shall control.

Appears in 4 contracts

Samples: Tele Communications Inc /Co/, Tci Communications Financing Vi, Tci Communications Financing Iv

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(cSection318(c), the imposed duties shall will control.

Appears in 3 contracts

Samples: Indenture (Clearwave N V), DRS Technologies Inc, Calpine Corp

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by operation Section 310 through 317 of TIA Section 318(c)the TIA, the imposed duties shall control.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Fluidigm Corp), First Supplemental Indenture (Fluidigm Corp), First Supplemental Indenture (Customers Bancorp, Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section Sec. 318(c), the imposed duties shall control.

Appears in 3 contracts

Samples: Indenture (Infinity Inc), Indenture (Charles River Laboratories Holdings Inc), Indenture (Charles River Laboratories Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(S)318(c), the imposed duties shall will control.

Appears in 3 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc), Indenture (Ventas Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the imposed duties shall controlcontrol to the extent required by applicable law.

Appears in 3 contracts

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall control. If any provisions of this Indenture modifies or excludes any provision of the TIA that may be so modified or excluded, the letter provision shall be deemed to apply to this Indenture as so modified or excluded, as the case may be.

Appears in 3 contracts

Samples: Indenture (Lomak Petroleum Inc), Indenture (Cumulus Media Inc), Canton Oil & Gas Co

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of TIA Section 318(c)) thereof, the such imposed duties shall control.

Appears in 3 contracts

Samples: First Supplemental Indenture (Hutchinson Technology Inc), Supplemental Indenture (Quanex Corp), Supplemental Indenture (Mens Wearhouse Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section S 318(c), the imposed duties shall control.

Appears in 3 contracts

Samples: License Agreement (Finlay Enterprises Inc /De), Security and Pledge Agreement (Finlay Enterprises Inc /De), License Agreement (Finlay Fine Jewelry Corp)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall control.

Appears in 3 contracts

Samples: Second Supplemental Indenture (American Tower Corp /Ma/), American Tower Corp /Ma/, American Tower Corp /Ma/

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation Sections 310 to 317, inclusive, of TIA Section 318(c)the TIA, the such imposed duties shall control.

Appears in 3 contracts

Samples: License Agreement (Trans World Airlines Inc /New/), Indenture (Krug International Corp), Trans World Airlines Inc /New/

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)) of the TIA, the such imposed duties shall will control.

Appears in 3 contracts

Samples: Indenture (Ventas Inc), Ventas Realty Limited Partnership, Ventas Realty Limited Partnership

Trust Indenture Act Controls. The provisions of TIA Sections 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. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)the above paragraph, the imposed duties shall control.

Appears in 3 contracts

Samples: Indenture (Big Flower Press Holdings Inc), Big Flower Press Holdings Inc /Pred/, Big Flower Digital Services Delaware Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(S) 31 8(c), the imposed duties shall control.

Appears in 3 contracts

Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC, Avalon Cable Finance Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)the TIA, the imposed duties duties, upon qualification of the Indenture under the TIA, shall control.

Appears in 2 contracts

Samples: Indenture (World Color Press Inc /De/), World Color Press Inc /De/

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section 318(c), the duties imposed duties by TIA Section 318(c) shall control.

Appears in 2 contracts

Samples: Indenture (Delta Natural Gas Co Inc), Indenture (Delta Natural Gas Co Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c), ) the imposed duties shall control.

Appears in 2 contracts

Samples: Barrett Resources Corp, Barrett Resources Corp

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section Sections 318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Orion Power Holdings Inc), Community Health Systems Inc/

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the such TIA-imposed duties shall will control.

Appears in 2 contracts

Samples: Indenture (Tv Filme Inc), Indenture (Claxson Interactive Group Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section '318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Ascent Energy Inc), Indenture (Hyperion Telecommunications Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the such TIA-imposed duties shall controlcontrol under this Indenture.

Appears in 2 contracts

Samples: Highwaymaster Corp, Louisiana Ship Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c31 8(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Salton Maxim Housewares Inc), Cott Corp /Cn/

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of TIA Section 318(c)) thereof, the upon qualification of this Indenture hereunder such imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Aerojet Ordnance Tennessee Inc), Gencorp Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c), the duties imposed duties by TIA (S) 318(c) shall control.

Appears in 2 contracts

Samples: Supplemental Indenture (Encore Industries Inc /Ga), Imperial Credit Industries Inc

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Magellan Health Services Inc

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Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall will control.. 88

Appears in 2 contracts

Samples: Apcoa Standard Parking Inc /De/, Ap Holdings Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (section) 318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Pogo Producing Co), Pogo Producing Co

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Riviera Black Hawk Inc), Pledge Agreement (Windsor Woodmont Black Hawk Resort Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c) (other than, prior to any qualification of this Indenture under the TIA, the limitations, qualifications or conflicts set forth in Sections 9.03, 9.06 and 10.05), the imposed duties shall will control.

Appears in 2 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section § 318(c), the imposed duties shall will control.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section S 318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: R&b Falcon Corp, R&b Falcon Corp

Trust Indenture Act Controls. If the Trust Indenture Act applies and any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 317, inclusive, of the TIA through operation of TIA Section 318(c)) thereof, the such imposed duties shall control.

Appears in 2 contracts

Samples: Birner Dental Management Services Inc, Birner Dental Management Services Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA subsection (c) of Section 318(c)318 of the TIA, the imposed duties shall control.

Appears in 2 contracts

Samples: Kellwood Co, Interface Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(S).318(c), the imposed duties shall control.

Appears in 2 contracts

Samples: Indenture (Crown Castle International Corp), Indenture (Americredit Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the such imposed duties shall control.

Appears in 2 contracts

Samples: Purchase Agreement (CVS Corp), Sterling Chemical Inc

Trust Indenture Act Controls. If any provision of this Indenture or the Security Documents limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall controlcontrol except as otherwise provided pursuant to Section 11.06 to the extent they cannot be disregarded, pursuant to TIA Section 314(d).

Appears in 1 contract

Samples: Security Agreement (Metal Management Inc)

Trust Indenture Act Controls. If any provision of ----------------------------- this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Advance Auto Parts Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation a provision of TIA Section 318(c)the TIA, the imposed duties shall control.

Appears in 1 contract

Samples: Cellular Communications International Inc

Trust Indenture Act Controls. If any provision of this ---------------------------- Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Envirosource Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act that 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 1 contract

Samples: Conmed Corp

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall control.

Appears in 1 contract

Samples: LGI Homes, Inc.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(csec.318(c), the imposed duties shall control. SECTION 12.02.

Appears in 1 contract

Samples: Metal Management Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(Section)318(c), the imposed duties shall will control.

Appears in 1 contract

Samples: Trimas Corp

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Dailey Petroleum Services Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(cS318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Iron Mountain Inc /De)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the ) such imposed duties shall control.

Appears in 1 contract

Samples: Cubist Pharmaceuticals Inc

Trust Indenture Act Controls. If any provision of this Indenture or the Security Documents limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css.318(c), the imposed duties shall controlcontrol except as otherwise provided pursuant to Section 11.06 to the extent they cannot be disregarded, pursuant to TIA ss. 314(d).

Appears in 1 contract

Samples: Indenture (Metal Management Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the duties imposed duties by TIA §318(c) shall control.

Appears in 1 contract

Samples: Indenture (Inspecciones Maritimas S.A)

Trust Indenture Act Controls. If any provision of this Indenture or the Security Agreement limits, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c), the imposed duties shall controlcontrol to the extent they cannot be disregarded, pursuant to TIA (S) 314(d).

Appears in 1 contract

Samples: Indenture (Imperial Credit Industries Inc)

Trust Indenture Act Controls. If any provision provisions of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (ZaZa Energy Corp)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(css.318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Supplemental Indenture (Istar Financial Inc)

Trust Indenture Act Controls. If any provision of this First Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section §318(c), the imposed duties shall will control.

Appears in 1 contract

Samples: First Supplemental Indenture (Hawaiian Holdings Inc)

Trust Indenture Act Controls. If any provision of this Indenture or any Guarantee limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Heritage Property Investment Limited Partnership)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c(S)318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Allbritton Communications Co

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (Section) 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Eer Systems Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section (Section) 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Petroleum Geo Services Asa

Trust Indenture Act Controls. If any provision provisions of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)) of the TIA, the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Young Broadcasting Inc /De/)

Trust Indenture Act Controls. If any provision of this Exchange Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section ss. 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Pca Valdosta Corp

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA ss. 310 to 317, inclusive, through operation of TIA Section ss. 318(c), the such imposed duties shall control.

Appears in 1 contract

Samples: Security Agreement (Aes China Generating Co LTD)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c)the TIA, the imposed duties under the TIA shall control.

Appears in 1 contract

Samples: Cke Restaurants Inc

Trust Indenture Act Controls. 61- If any provision of this Indenture or the Security Agreement limits, qualifies or conflicts with the duties imposed by operation of TIA Section (S) 318(c), the imposed duties shall controlcontrol to the extent they cannot be disregarded, pursuant to TIA (S) 314(d).

Appears in 1 contract

Samples: Collateral Agency and Security Agreement (Imperial Credit Industries Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation TIA § 318(c) (other than, prior to any qualification of TIA Section 318(cthis Indenture under the TIA, the limitations, qualifications or conflicts set forth in Sections 9.03, 9.06 and 10.05), the imposed duties shall will control.

Appears in 1 contract

Samples: Indenture (Swift Transportation Co)

Trust Indenture Act Controls. If any provision of this First Supplemental Indenture limits, qualifies or conflicts with the duties imposed by operation of TIA Section 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Indenture (Thornburg Mortgage Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by operation of 95 95 TIA Section 318(c), the imposed duties shall control.

Appears in 1 contract

Samples: Asia Global Crossing LTD

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