Common use of Trustee May Hold Senior Indebtedness Clause in Contracts

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 12 contracts

Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Biolife Solutions Inc), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)

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Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06606) to Senior Indebtedness.

Appears in 8 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Pep Boys Manny Moe & Jack), Indenture (Bre Properties Inc /Md/)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.13 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 7 contracts

Samples: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Subject to the provisions of Section 6.13, the Trustee shall be entitled to all the rights set forth in this Article XIII with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of or any Authenticating Agent of its rights right as such holder. Nothing in this Article shall subordinate any apply to claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness6.6.

Appears in 6 contracts

Samples: Subordinated Indenture (AXIS Specialty Finance PLC), Subordinated Indenture (Argo Group Us, Inc.), Subordinated Indenture (Argo Group Us, Inc.)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 7.12 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.12 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 4 contracts

Samples: Indenture (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article XIII with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of or any Authenticating Agent of its rights right as such holder. Nothing in this Article XIII shall subordinate any apply to claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness5.3 and Section 6.6.

Appears in 3 contracts

Samples: Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 13 with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section TIA § 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.067.07) to Senior Indebtedness.

Appears in 3 contracts

Samples: Indenture (Care Capital Properties, LP), Indenture (Ventas Realty Limited Partnership), Indenture (Brookdale Living Communitites of New York-Gb, LLC)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Subject to the provisions of Article 6, the Trustee shall be entitled to all the rights set forth in this Article 13 with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of or any Authenticating Agent of its rights right as such holder. Nothing in this Article shall subordinate any apply to claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness6.6.

Appears in 3 contracts

Samples: Subordinated Indenture (Greenlight Capital Re, Ltd.), Subordinated Indenture (Alterra Finance LLC), Subordinated Indenture (Max USA Holdings Ltd.)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Citigroup Funding Inc.), Indenture (Citigroup Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.13 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Code Alarm Inc), Indenture (Meridian Bioscience Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its ------------------------------------ individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06606) to Senior Indebtedness.. -----------

Appears in 2 contracts

Samples: Indenture (Homestead Village Inc), Indenture (McLeodusa Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article Nine with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.12 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (Mca Financial Corp /Mi/), Indenture (Mca Financial Corp /Mi/)

Trustee May Hold Senior Indebtedness. The trustee Trustee, in its individual capacity capacity, shall be entitled to all the rights set forth in this Article 13 with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act TIA or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such a holder. Nothing in this Article 13 shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.067.07) to Senior Indebtedness.

Appears in 2 contracts

Samples: Indenture (BRMK Management, Corp.), Indenture (Ventas Realty Limited Partnership)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 11.6 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 2 contracts

Samples: Trust Indenture (Emera Inc), Trust Indenture (Emera Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.3 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 2 contracts

Samples: Subordinated Debt Indenture (Transcanada Pipelines LTD), Subordinated Indenture (Williams Holdings of Delaware Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.067.7) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Globalstar Capital Corp)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article XV with respect to any Senior Indebtedness which may at the any time be held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights right as such holder. Nothing in this Article XV shall subordinate any apply to claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness506 and Section 607.

Appears in 1 contract

Samples: Subordinated Indenture (Blackstone Holdings I L.P.)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article 14 with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 14 shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) 6.07 to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 6.8 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Subordinated Indenture (Conagra Foods Inc /De/)

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Trustee May Hold Senior Indebtedness. The trustee Trustee in its ------------------------------------ individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (C Cor Net Corp)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights right as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Consumer Portfolio Services Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act TIA or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.068.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Johnson Controls Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act TIA or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any apply to the claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior IndebtednessSections 7.03 and 8.06.

Appears in 1 contract

Samples: Indenture (Perma-Pipe International Holdings, Inc.)

Trustee May Hold Senior Indebtedness. The trustee Trustee in ------------------------------------ its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06606) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Level 3 Communications Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture Agreement shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Guaranty (Springleaf Holdings, Inc.)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its ------------------------------------ individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with in respect to of any Senior Indebtedness at the any time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 8.15 or elsewhere in this Subordinated Indenture shall be construed to deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (General Datacomm Industries Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act TIA or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.066.7) to Senior Indebtedness.

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /Ca/)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act 604 or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Subordinated Indenture (Dillards Inc)

Trustee May Hold Senior Indebtedness. The trustee Trustee in its ------------------------------------ individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads as any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act TIA or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06606) to Senior Indebtedness.. -----------

Appears in 1 contract

Samples: Indenture (Security Capital Group Inc/)

Trustee May Hold Senior Indebtedness. The trustee in its individual capacity Trustee shall be entitled to all the rights set forth in this Article with Fifteen in respect to of any Senior Indebtedness at the any time held by it, it in its individual capacity to the same extent ads as any other holder of Senior Indebtedness, Indebtedness and nothing in Section 313 contained herein shall affect the right of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive Trustee to retain for its own account payments made on Senior Indebtedness held by the Trustee of any of for its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtednessown account.

Appears in 1 contract

Samples: Indenture (Regions Financial Corp)

Trustee May Hold Senior Indebtedness. The trustee in its ------------------------------------ individual capacity shall be entitled to all the rights set forth in this Article with respect to any Senior Indebtedness at the time held by it, to the same extent ads any other holder of Senior Indebtedness, and nothing in Section 313 of the Trust Indenture Act or elsewhere in this Subordinated Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article shall subordinate any claims of, or payments to, the Trustee (under or pursuant to Section 7.06) to Senior Indebtedness.

Appears in 1 contract

Samples: Subordinated Indenture (Exodus Communications Inc)

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