Trustee Authorized to Effectuate Subordination. Each Holder of Securities by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.
Trustee Authorized to Effectuate Subordination. Each Holder of Securities by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article Four and appoints the Trustee his attorney-in-fact for any and all such purposes including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the Company, to file a claim for the unpaid balance of its Securities in the form required in said proceedings and to cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or proof, then the Holders of the Senior Indebtedness shall have the right to file and are hereby authorized to file an appropriate claim or proof for and on behalf of the Holders of said Securities.
Trustee Authorized to Effectuate Subordination. Each Holder of Securities by such Holder's acceptance thereof authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article and appoints the Trustee such Holder's attorney-in-fact for any and all such purposes.
Trustee Authorized to Effectuate Subordination. 60 SECTION 14.12 Trustee's Relationship to Senior Indebtedness . . . . . . . . . . . . . . . . . . . . . . . 60 SECTION 14.13 Trustee and Paying Agents Not Chargeable with Knowledge Until Notice . . . . . . . . . . . . . . . . . . . . . . . . . . 60 SECTION 14.14 Article Applicable to Paying Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 SECTION 14.15 Trustee's Compensation Not Prejudiced . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 ARTICLE XV CONVERSION
Trustee Authorized to Effectuate Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination as provided in this Article Four and appoints the Trustee his attorney-in-fact for any and all such purposes including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, or receivership or similar proceedings or upon an assignment for the benefit of creditors or otherwise) tending towards liquidation of the business and assets of the Company, to file a claim for the unpaid balance of its Debentures in the form required in said proceedings and to cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or proof, then the holders of the Senior Indebtedness shall have the right to file and are hereby authorized to file an appropriate claim or proof for and on behalf of the holders of said Debentures. 145 EXHIBIT J Form of Opinion of Borrower's Counsel December 9, 1999 Bank of America, N.A., as Administrative Agent and Each of the Lenders Party to the Credit Agreement Referenced Below Bank of America Corpxxxxx Xxxxxx Xxxxxxxxx, Xxxxx Xxxxxxxx 00000-0000 RE: $125,000,000 REVOLVING CREDIT AND LETTER OF CREDIT FACILITIES AMONG BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, THE LENDERS PARTY THERETO AND SENSORMATIC ELECTRONICS CORPORATION AND CERTAIN OTHER BORROWER SUBSIDIARIES, AS BORROWERS --------------------------------------------------- Ladies and Gentlemen: We have acted as special New York counsel to Sensormatic Electronics Corporation, a Delaware corporation (the "Parent"), in connection with the Revolving Credit Facility in the amount of $125,000,000 (the "Revolving Credit Facility"), including the $50,000,000 Letter of Credit Facility constituting part of the Revolving Credit Facility (the "LC Facility"), each being made available to the Parent by you on this date pursuant to the Credit Agreement of even date herewith among you, the Lenders and the Parent (the "Credit Agreement"), and the other transactions contemplated under the Credit Agreement. This opinion is being delivered in accordance with the conditions set forth in SECTION 6.1 of the Credit Agreement. All capitalized terms not otherwise defined herein shall have the meanings...
Trustee Authorized to Effectuate Subordination. 76 SECTION 15.11. Trustee's Rights Regarding Senior Indebtedness Held by It..................................76 SECTION 15.12. Trustee and Paying Agents Not Chargeable with Knowledge Until Notice.......................76 SECTION 15.13. Limitation on Securing Securities..........................................................76 SECTION 15.14. Limitation on Premature Deposit of Funds...................................................76 INDENTURE, dated as of [_______________], between Bowater Incorporated, a Delaware corporation (the "Company"), and The Bank of New York, a New York banking corporation, as Trustee (herein called the "Trustee").
Trustee Authorized to Effectuate Subordination. Each Holder of a Series K Note, by his purchase or acceptance thereof, authorizes and directs the Trustee in his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided for in this Article and appoints the Trustee his attorney in fact for such purpose.
Trustee Authorized to Effectuate Subordination. 80 SECTION 1411. Trustee's Rights Regarding Senior Indebtedness Held by It.................................................80 SECTION 1412. Trustee and Paying Agents Not Chargeable with Knowledge Until Notice................................80 SECTION 1413. Limitation on Securing Securities.....................81 SECTION 1414. Limitation on Premature Deposit of Funds..............81 SECTION 1415. Securities to Rank Pari Passu with Existing Subordinated Indebtedness.............................81 SUBORDINATED INDENTURE, dated as of _________, ___, between State Street Corporation, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts (herein called the "Company"), having its principal office at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, and U.S. Bank Trust National Association, a national banking association duly organized and existing under the laws of the United States of America, as Trustee (herein called the "Trustee").
Trustee Authorized to Effectuate Subordination. 26 SECTION 4.12. Trustee's Relationship to Senior Indebtedness........... 27
Trustee Authorized to Effectuate Subordination. Each Holder of Subordinated Securities, by its acceptance thereof, authorizes the Trustee in its behalf to take such action as may be necessary or appropriate to effectuate, as between the Holders of Subordinated Securities and the holders of Senior Indebtedness the subordination as provided in the terms of such Subordinated Securities and this Article Fifteen and appoints the Trustee its attorney-in-fact for any and all such purposes and irrevocably authorizes the Trustee in its behalf to file a proof of claim for the whole amount of principal, premium, if any, and interest owing and unpaid in respect of such Subordinated Securities. Each Holder of Subordinated Securities, by its acceptance thereof, waives all notice of the acceptance of the subordination provisions contained herein and in the Subordinated Securities by each holder of Senior Indebtedness, whether now outstanding or hereafter incurred, and waives reliance by each such holder upon such provisions.
