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 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.

Appears in 74 contracts

Samples: Indenture (Crown Holdings, Inc.), Supplemental Indenture (LKQ Corp), Indenture (Crown Holdings, Inc.)

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Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ 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.

Appears in 29 contracts

Samples: Indenture (Carrols Corp), Indenture (MTS Inc), Indenture (Roma Fort Worth 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 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 §§ 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.

Appears in 17 contracts

Samples: Indenture (1295728 Alberta ULC), Intertape Woven Products Services S.A. De C.V., Imc Global Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ (S)(S) 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.

Appears in 12 contracts

Samples: Indenture (Pen Tab Industries Inc), Indenture (Metris Companies Inc), Triton PCS 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 Supplemental Indenture by the TIA, the required provision shall control. If any provision of this Supplemental Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this Supplemental Indenture as so modified. If any provision of this Supplemental Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Supplemental 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.

Appears in 12 contracts

Samples: Supplemental Indenture (Mosaic Crop Nutrition, LLC), Supplemental Indenture (Mosaic Co), Supplemental Indenture (Mosaic Crop Nutrition, LLC)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 ss.sx. 000 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.

Appears in 9 contracts

Samples: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc), Aas Capital Corp, Trans Resources Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ xx.xx. 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.

Appears in 8 contracts

Samples: Indenture (United Auto Group Inc), HRM Holdings Corp, United Auto Group 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 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 §§ xx.xx. 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.

Appears in 5 contracts

Samples: Covenants (Imc Global Inc), Indenture (Crown Holdings Inc), Indenture (Pca International Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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.

Appears in 5 contracts

Samples: Indenture (Lin Tv Corp.), Indenture (Lin Tv Corp), Indenture (Nbty Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in this Indenture by a part of any indenture subject to 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 §§ 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.

Appears in 4 contracts

Samples: Indenture (Scot Inc), Indenture (GPPW Inc), Pasta Group L L C

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 provision 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.

Appears in 4 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of Texas Holding, Inc.), Indenture (Mobile Mini Inc)

Trust Indenture Act Controls. If any provision of this the Indenture limits, qualifies or conflicts with another provision which is required to be included in this the Indenture by the TIA, the required provision shall control. If any provision of this the Indenture modifies any TIA provision that may be so modified, such TIA provision shall be deemed to apply to this the Indenture as so modified. If any provision of this the Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this the 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 the Indenture) are a part of and govern this the Indenture, whether or not physically contained herein.

Appears in 3 contracts

Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Merger (Spansion 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 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.

Appears in 2 contracts

Samples: Indenture (Language Line Holdings, Inc.), Indenture (Seneca Erie Gaming Corp)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 In- denture 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 §§ (S)(S) 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.

Appears in 2 contracts

Samples: Fabrene Group Inc, Polymer Group Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ 'SS''SS' 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.

Appears in 2 contracts

Samples: Indenture (Gentek Inc), Indenture (General Chemical Group Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 ss.ss.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.

Appears in 2 contracts

Samples: Rab Enterprises Inc, Black Creek Management LLC

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ Section Section 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.

Appears in 2 contracts

Samples: Indenture (Hermes Europe Railtel B V), Indenture (Comcast Cellular 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 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.

Appears in 2 contracts

Samples: Supplemental Indenture (Keystone Automotive Operations Inc), Supplemental Indenture (Keystone Automotive Operations Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ 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.

Appears in 2 contracts

Samples: Polymer Group Inc, Polymer Group Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ Section 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.

Appears in 2 contracts

Samples: Team Health Inc, Emergency Medical Services CORP

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 provisions 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 §§ xx.xx. 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.

Appears in 1 contract

Samples: Indenture (MMH Holdings Inc)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of the TIA that are required to be a part of this Indenture limitsand shall, qualifies or conflicts with another provision which is required to the extent applicable, be included in this Indenture governed by the TIA, the required provision shall controlsuch provisions. 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 §§ (S)(S) 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.

Appears in 1 contract

Samples: Triton PCS Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ (S) 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.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in this Indenture by a part of any indenture subject to 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 §§ Section 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.

Appears in 1 contract

Samples: Falcon Products Inc /De/

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture In- denture 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 §§ (S) 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.

Appears in 1 contract

Samples: Tci Satellite Entertainment 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 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 §§ Sections 310 through to and including 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.

Appears in 1 contract

Samples: Ashton Houston Residential L.L.C.

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ SectionSection 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.

Appears in 1 contract

Samples: Metris Direct Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of the TIA that are required to be a part of this Indenture limitsor are incorporated into this Indenture, qualifies or conflicts with another provision which is required and shall, to the extent applicable, be included in this Indenture governed by the TIA, the required provision shall controlsuch provisions. 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 §§ xx.xx. 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.

Appears in 1 contract

Samples: Brand Scaffold Services Inc

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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. SECTION 11.02.

Appears in 1 contract

Samples: Wesco International Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) 113 -105- are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Samples: Definitions and Incorporation by Reference (Dolco Packaging Corp /De/)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions, of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ ss.ss. 310 through 317 that impose duties on any Person (including the provisions xxx xrovisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein.

Appears in 1 contract

Samples: Fedders Corp /De

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 §§ ss.ss. 310 through 317 that impose duties on any Person (including ixxxxxing 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.

Appears in 1 contract

Samples: Indenture (Crown Holdings Inc)

Trust Indenture Act Controls. If Except as otherwise specified herein, 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.

Appears in 1 contract

Samples: Sears Holdings Corp

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any 109 -102- 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 §§ 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.

Appears in 1 contract

Samples: Frontiervision Capital Corp

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ ss. 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.

Appears in 1 contract

Samples: Indenture (Rayovac 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 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 to and including 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.

Appears in 1 contract

Samples: Indenture (Ashton Woods USA L.L.C.)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision that may be so modified, 44 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 §§ 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.

Appears in 1 contract

Samples: Hermes Europe Railtel B V

Trust Indenture Act Controls. If any provision This Indenture is subject to ---------------------------- the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ Section 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.

Appears in 1 contract

Samples: Just for Feet Specialty Stores Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 In- denture 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 ss.sx. 000 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.

Appears in 1 contract

Samples: WTNH Broadcasting 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 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 §§ 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.

Appears in 1 contract

Samples: Indenture (Oglebay Norton Co /New/)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision provi- sion 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 §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded ex- cluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. Section 13.02.

Appears in 1 contract

Samples: Newport News Shipbuilding Inc

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. If any provision of this Indenture modifies any TIA provision provi- sion 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 §§ (S)(S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded ex- cluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. Section 11.02.

Appears in 1 contract

Samples: Newport News Shipbuilding Inc

Trust Indenture Act Controls. If Except as otherwise specified herein, 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. This Section 13.01 shall apply solely at any time at which this Indenture is required pursuant to the TIA to be qualified under the TIA.

Appears in 1 contract

Samples: Sears Holdings 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 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 §§ (S)(S) 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.

Appears in 1 contract

Samples: FMC Corp

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 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 Indentureindenture, whether or not physically contained herein.

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Trust Indenture Act Controls. If any provision This Indenture is subject to the provisions of this Indenture limits, qualifies or conflicts with another provision which is the TIA that are required to be included in a part of this Indenture Indenture, and shall, to the extent applicable, be governed by the TIA, the required provision shall controlsuch provisions. 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 §§ 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.

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

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