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 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.

Appears in 73 contracts

Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Verastem, Inc.)

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Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 37 contracts

Samples: Indenture (Mobile Mini Inc), CIFC Corp., Indenture (Mobile Mini Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision hereof 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.

Appears in 28 contracts

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Semble, Inc.

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

Appears in 25 contracts

Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Master Agreement (Zuora Inc)

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 provision by 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, 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 24 contracts

Samples: Indenture (BWX Technologies, Inc.), Supplemental Indenture (Engility Holdings, Inc.), BWX Technologies, Inc.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIATIA or the TIA as amended after the date hereof, 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.

Appears in 23 contracts

Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group), Indenture (Toll Corp)

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 provisions shall control. If The provisions of TIA Sections 310 through 317 that impose duties on any provision Person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture modifies Indenture, whether 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 benot physically contained herein.

Appears in 13 contracts

Samples: Indenture (Health & Retirement Properties Trust), Indenture (Alternative Living Services Inc), Indenture (Rent Way Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which that is required or deemed to be included in this Indenture by the TIA, the 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 8 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)

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 provision by 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 7 contracts

Samples: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Fossil Group, Inc.), Ingersoll Rand Inc.

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision which that is required to be included in this Supplemental 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 becontrol.

Appears in 5 contracts

Samples: Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Indenture (Kennedy-Wilson Holdings, Inc.), Indenture (Kennedy-Wilson Holdings, Inc.)

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies qualifies, or conflicts with another provision which is required or deemed to be included in this the Indenture by the TIA, the such required or deemed provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the TIA which TIA, that may be so modified or excluded, the latter provision of the TIA shall be deemed to apply to this the Indenture as so modified or to shall be excluded, as the case may be.

Appears in 5 contracts

Samples: Supplemental Indenture (Coterra Energy Inc.), First Supplemental Indenture (Coterra Energy Inc.), Second Supplemental Indenture (Cimarex Energy Co)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another a provision which of the TIA that is required under the TIA to be included in a part of and govern this Indenture by the TIAIndenture, the such 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 of the TIA shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 5 contracts

Samples: Indenture (Orbital Imaging Corp), Orbital Imaging Corp, Orbital Imaging Corp

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which that is required or deemed under such Act to be included in part of and govern this Indenture by the TIAIndenture, the required latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excludedexcluded or if the Indenture is not required to comply with the TIA, 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 4 contracts

Samples: Indenture (Jack Cooper Logistics, LLC), First Supplemental Indenture (Jack Cooper Logistics, LLC), Covenants (Dole Food Co Inc)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required automatically deemed to be included incorporated in this Indenture by the TIA, the required incorporated 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 4 contracts

Samples: Indenture (Young & Rubicam Inc), Gilat Satellite Networks LTD, Benchmark Electronics Inc

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 Until such time as this Indenture modifies or excludes any provision of becomes qualified under the TIA which may be so modified or excludedTIA, the latter provision Issuers, the Subsidiary Guarantors and the Trustee shall be deemed subject to apply to and governed by the TIA as if this Indenture as were so modified or to be excluded, as qualified on the case may bedate hereof.

Appears in 4 contracts

Samples: Appreciation Note Indenture (Central Michigan Distribution Co Lp), Indenture (Resort Investment LLC), Indenture (Central Michigan Distribution Co Lp)

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 TIATrust Indenture Act, the 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 be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 4 contracts

Samples: Cross Timbers Oil Co, Basin Exploration Inc, Hs Resources Inc

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 TIATIA as in effect at the date hereof or, to the extent required by law, as amended after the date hereof, 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.

Appears in 3 contracts

Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under the TIA to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 3 contracts

Samples: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)

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 provision by the TIA shall controlcontrol as if this Indenture were qualified under the TIA. 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 3 contracts

Samples: Indenture (Telesat Canada), Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)

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 TIA 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.

Appears in 3 contracts

Samples: Indenture (Arena Group Holdings, Inc.), Velo3D, Inc., Velo3D, Inc.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is expressly required to be included in this Indenture by reference to the TIA, the required provision of the TIA shall control. If any provision of this Indenture modifies or excludes any such provision of the TIA which may be so modified or excludedTIA, 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 (Axiall Corp/De/), Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which that is required or deemed to be included in this Indenture by the TIA, the required provision shall control. If any provision of this Indenture modifies or excludes any then such 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 becontrol.

Appears in 2 contracts

Samples: Indenture (Toreador Resources Corp), Toreador Resources Corp

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required or deemed to be included in this Indenture by the TIA after the Indenture is qualified under the TIA, the such required or deemed 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.

Appears in 2 contracts

Samples: Investment Agreement (ExlService Holdings, Inc.), Indenture (ExlService Holdings, Inc.)

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 ; provided, however, that if any provision of this Indenture modifies or excludes any provision of the TIA which that may be so modified or excluded, the latter such provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be, shall control.

Appears in 2 contracts

Samples: Satisfaction and Discharge of Indenture (America First Real Estate Investment Partners L P), America First Real Estate Investment Co Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another a 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 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 2 contracts

Samples: Indenture (Union Tank Car Co), Indenture and Security Agreement (Union Tank Car Co)

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 provision by 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, 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 2 contracts

Samples: Oxford Health Plans Inc, Oxford Health Plans Inc

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 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 2 contracts

Samples: Exchange Indenture (Hudson Respiratory Care Inc), Hudson Respiratory Care Inc

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision which is required to be included in this the Indenture by the TIA, the provision required provision by 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 1 contract

Samples: Indenture (Hewlett Packard Co)

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Trust Indenture Act Controls. 70- 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 becontrol.

Appears in 1 contract

Samples: Suntech Power Holdings Co., Ltd.

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter 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 to apply to this Indenture as so modified or to be excluded, as the case may be. SECTION 12.2.

Appears in 1 contract

Samples: Keystone Consolidated Industries Inc

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 the duties imposed by the TIATIA ss.318(c), the required provision imposed duties 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: Indenture (Inex Corp)

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.. Table of Contents

Appears in 1 contract

Samples: Finch Therapeutics Group, Inc.

Trust Indenture Act Controls. (a) 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 TIA provision of the TIA which that may be so modified or excludedmodified, the latter such TIA provision shall be deemed to apply to this Indenture as so modified or to modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, as the case may besuch TIA provision shall be excluded from this Indenture.

Appears in 1 contract

Samples: Indenture (LYON EAST GARRISON Co I, LLC)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the TIATIA or the TIA as amended after the date hereof, 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 beSECTION 12.02.

Appears in 1 contract

Samples: Circus Circus Enterprises Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies 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 Those sections of the TIA which may be so modified or excluded, the latter provision automatically deemed included herein shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beincluded herein.

Appears in 1 contract

Samples: Fact of West Florida Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which of the TIA that is required under the TIA to be included in a part of and govern this Indenture by the TIAIndenture, the required latter 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.

Appears in 1 contract

Samples: Indenture (At&t Inc.)

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 Supplemental 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 becontrol.

Appears in 1 contract

Samples: Kendle International Inc

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 provision by 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, the latter former 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: Supplemental Indenture (Jarden Corp)

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies 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.

Appears in 1 contract

Samples: Indenture (Sentinel Financing LTD Lp)

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 the duties imposed by the TIATIA (S)318(c), the required provision imposed duties 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: Bell Sports Corp

Trust Indenture Act Controls. 89- If any provision of this Indenture hereof limits, qualifies or conflicts with a provision of the TIA or another provision which is that would be required or deemed under such Act to be included in part of and govern this Indenture by the TIAif this Indenture were subject thereto, the required latter 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 to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: Commemorative Brands Inc

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required or deemed to be included in this Indenture by the TIA, TIA the 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 be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Appears in 1 contract

Samples: JCC Holding Co

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies 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 limits, qualifies or excludes any provision of conflicts with the duties imposed by TIA which may be so modified or excludedSection 318(c), the latter provision imposed duties shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.

Appears in 1 contract

Samples: Affinity Group Holding Inc

Trust Indenture Act Controls. (a) 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 TIA provision of the TIA which that may be so modified or excludedmodified, the latter such TIA provision shall be deemed to apply to this Indenture as so modified or to modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, as the case may be.such TIA provision shall be excluded from this Indenture. 101

Appears in 1 contract

Samples: Idleaire Technologies Corp

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 the duties imposed by the TIATIA Section 318(c), the required provision imposed duties shall control. If any provision of this Indenture modifies or excludes any provision of the TIA which 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

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