Common use of Trustee to Effectuate Subordination Clause in Contracts

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 254 contracts

Samples: Indenture (Geo MCF Lp, LLC), Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp)

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Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 225 contracts

Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (American Realty Capital Properties, Inc.)

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 150 contracts

Samples: Principal Financial (Principal Financial Services Inc), Principal Financial (Principal Financial Group Inc), Principal Financial (Principal Financial Group Inc)

Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 140 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (Southern Heritage Bancorp Inc), Indenture (MortgageIT Holdings, Inc.)

Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 107 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Wesbanco Inc), Indenture (FMC Corp)

Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 43 contracts

Samples: Monmouth Real Estate Investment Corp, Indenture (Chiron Corp), Intercreditor Agreement (Huntway Partners L P)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 34 contracts

Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Columbus McKinnon Corp), Purchase Agreement (Amh Holdings, LLC)

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 28 contracts

Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Silicon Valley Bancshares, Silicon Valley Bancshares

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 19 contracts

Samples: Supplemental Indenture (Premier Parks Inc), Dollar Securities Indenture (Gutbusters Pty LTD), Indenture (Amtrol Inc /Ri/)

Trustee to Effectuate Subordination. Each Holder of a Security Securities by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination as between such Holder and holders of Senior Indebtedness as provided in this Article Thirteen and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 19 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of any Subsidiary Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 16 contracts

Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Columbus McKinnon Corp), Indenture (Associated Materials, LLC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Security 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 between the Holders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 16 contracts

Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)

Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fifteen and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 15 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Webster Financial Corp), Indenture (Nb Capital Trust I)

Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XIV and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 15 contracts

Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), United Rentals Realty, LLC

Trustee to Effectuate Subordination. Each Holder of a Security Note by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 14 contracts

Samples: Indenture (Hollywood Theaters Inc), Indenture (Extendicare Health Services Inc), Indenture (Insight Health Services Corp)

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder’s acceptance thereof authorizes and directs the Trustee on his such Holder’s behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIV and appoints the Trustee his such Holder’s attorney-in-fact for any and all such purposes.

Appears in 13 contracts

Samples: Third Supplemental Indenture (Validus Holdings LTD), Third Supplemental Indenture (Validus Holdings LTD), Junior Subordinated Indenture (Northstar Realty)

Trustee to Effectuate Subordination. Each Holder of a Security Securities by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his as such Holder's attorney-in-fact for any and all such purposes.

Appears in 13 contracts

Samples: Indenture (Finova Finance Trust), Purchase Agreement (Dt Industries Inc), Securities Purchase Agreement (Hearst Argyle Television Inc)

Trustee to Effectuate Subordination. Each Holder of a Security Debenture by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp)

Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 12 contracts

Samples: Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Paper Corp.), Supplemental Indenture (Verso Sartell LLC)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 10 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Eye Care Centers of America Inc), Indenture (Nebraska Book Co)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness and Guarantor Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 9 contracts

Samples: Indenture (Aurora Foods Inc /Md/), Indenture (Aurora Foods Inc /De/), Indenture (Wire Harness Industries Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Subordinated Security 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 between the Holders of Subordinated Securities and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 8 contracts

Samples: Heritage Operating Lp, ETC Texas Pipeline, LTD, Indenture (Heritage Propane Partners L P)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XIV and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 8 contracts

Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (CVG Oregon, LLC)

Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 8 contracts

Samples: Indenture (Innovative Valve Technologies Inc), Indenture (Seacor Holdings Inc), Spacehab Inc \Wa\

Trustee to Effectuate Subordination. Each Holder of a Security by his his, her or its acceptance thereof authorizes and directs the Trustee on his his, her or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his his, her or its attorney-in-fact for any and all such purposes.

Appears in 8 contracts

Samples: Indenture (Plains Capital Corp), Indenture (North State Bancorp), Subordinated Indenture (Great Wolf Resorts, Inc.)

Trustee to Effectuate Subordination. Each Holder of a Security Security, by his its acceptance thereof thereof, authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIII and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), First Hawaiian Capital I

Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Security Agreement (Park Place Entertainment Corp), Indenture and Assumption Agreement (Centennial Cellular Corp), Park Place Entertainment Corp

Trustee to Effectuate Subordination. Each Holder of by accepting a Security 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 between the Holders and the holders of Senior Indebtedness of any Guarantor as provided in this Article Twelve and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Security 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 between the Holders and the holders of Senior Indebtedness as provided in this Article Ten and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Anntaylor Inc), Indenture (Affymetrix Inc)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc), Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Indenture (Viasystems Inc)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesThirteen.

Appears in 6 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Royal Ahold

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on in his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Pinnacle West Capital Corp), Impac Mortgage Holdings Inc, Ugly Duckling Corp

Trustee to Effectuate Subordination. Each Holder of by accepting a Security 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 between the Holder and the holders of Senior Indebtedness as provided in this Article Seven and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Lin Television Corp), Indenture (MTS Inc), MTS Inc

Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of each of the Subsidiary Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc), Dex Media West LLC

Trustee to Effectuate Subordination. Each Holder of a Security Security, by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Noble International LTD), Indenture (Golden Star Resources LTD), Stillwater Mining Co /De/

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Designated Senior Debt of any Subsidiary Guarantor as provided in this Article XI and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Alamosa Delaware Inc), Alamosa (Alamosa Holdings LLC), Execution Copy (Alamosa Holdings Inc)

Trustee to Effectuate Subordination. Each Holder holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Seventeen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Thermo Instrument Systems Inc), Indenture (Thermotrex Corp), Indenture (Thermo Electron Corp)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to acknowledge and effectuate the subordination provided in this Article XI and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 6 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Trustee to Effectuate Subordination. Each Holder of a Security Securityholder ----------------------------------- by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 5 contracts

Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc), Indenture (Parke Bancorp, Inc.)

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-in- fact for any and all such purposes.

Appears in 5 contracts

Samples: Indenture (Banponce Corp), Jbi Capital Trust I, MRM Capital Trust Iii

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 5 contracts

Samples: Indenture (Eye Care Centers of America Inc), Indenture (Community Health Systems Inc), Indenture (Nebraska Book Co)

Trustee to Effectuate Subordination. Each Holder holder of a Security Securities by his such holder’s acceptance thereof authorizes and directs the Trustee on his such holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such holder’s attorney-in-fact for any and all such purposes.

Appears in 5 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (Tanzanian Gold Corp)

Trustee to Effectuate Subordination. Each Holder holder of a Security Guarantee by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Eighteen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 5 contracts

Samples: Indenture (Thermo Instrument Systems Inc), Indenture (Thermotrex Corp), Thermo Electron Corp

Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XIII and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: WPSR Capital Trust I, Arvin Capital I, WPSR Capital Trust I

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Supplemental Indenture (Werner Holding Co Inc /Pa/), Richmont Marketing Specialists Inc, Peninsula Cellular Services Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Security 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 between the Holders and the holders of Senior Indebtedness of either of the Issuers as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Supplemental Indenture (Dex Media International Inc), Supplemental Indenture (Dex Media Inc), Dex Media West LLC

Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)

Trustee to Effectuate Subordination. Each Holder of a Security by his his, her or its acceptance thereof authorizes and directs the Trustee on his his, her or its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Indenture (Deerfield Capital Corp.), Deerfield Capital Corp., Deerfield Triarc Capital Corp

Trustee to Effectuate Subordination. Each Holder of a Security Securityholder by his such Securityholder's acceptance thereof authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XII and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Indenture (Spinnaker Exploration Co), Indenture (Continental Airlines Finance Trust Iii), Dynegy Capital Trust Iii

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-in- fact for any and all such purposes.

Appears in 4 contracts

Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Sierra Health Services Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article 11 and appoints the Trustee his or her attorney-in-fact for any and all such purposespurpose.

Appears in 3 contracts

Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)

Trustee to Effectuate Subordination. Each Holder by his acceptance of a Security by his acceptance thereof or Securities authorizes and directs the Trustee on in his behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv), Bridge Statutory Capital Trust I

Trustee to Effectuate Subordination. Each Holder of ------------------------------------ Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (DR Sales Inc), Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 13 and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Provident Capital Trust Iv, American Annuity Group Inc, American Financial Group Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIV and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Northern Trust Corp), Asbc Capital Ii, Associated Banc-Corp

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Eleven and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Cna Financial Corp

Trustee to Effectuate Subordination. Each Holder of a ----------------------------------- Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-in- fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Times Mirror Co /New/), Merrill Lynch Preferred Capital Trust V, Tritel Finance Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesTwelve.

Appears in 3 contracts

Samples: Royal Ahold, Ahold Finance Usa Inc, Royal Ahold

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Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof thereof, whether upon original issue or upon transfer or assignment, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided provisions in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz Inc)

Trustee to Effectuate Subordination. Each The Holder of a each Security by his its acceptance thereof authorizes and directs the Trustee on his its 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 as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Philip Services Corp/De), Philip Services Corp/De, Philip Services Corp/De

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 12 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Allergan Inc), TJX Companies Inc /De/, Idec Pharmaceuticals Corp / De

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article [One] and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Note Purchase Agreement (Seitel Inc), Note Purchase Agreement (Seitel Inc), Seitel Inc

Trustee to Effectuate Subordination. Each Holder of Securities by accepting a Security 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 between the Holders of Securities and the holders of Senior Indebtedness as provided in this Article Twelve and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: COLORADO INTERSTATE ISSUING Corp, COLORADO INTERSTATE ISSUING Corp, Hillenbrand Industries Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XI and appoints the Trustee as his attorney-in-fact for any and all such purposes, including, in the event of any insolvency or liquidation proceeding with respect to the Issuers, the immediate filing of a claim for the unpaid balance of his Securities pursuant to this Indenture in the form required in said proceedings and the causing of said claim to be approved.

Appears in 3 contracts

Samples: Indenture (Plains Exploration & Production Co), Plains Resources Inc, Plains Exploration & Production Co L P

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Volume Services America Inc, Volume Services America Holdings Inc, Volume Services America Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesArticle.

Appears in 3 contracts

Samples: Indenture (Wendys International Inc), Indenture (Wendys International Inc), M I Schottenstein Homes Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XII and appoints the Trustee his or her attorney-in-fact for any and all such purposes. SECTION 12.7.

Appears in 3 contracts

Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp

Trustee to Effectuate Subordination. Each Holder of a Security Noteholder by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Bank Bradesco), Abn Amro Bank Nv, Indenture (Abn Amro Bank Nv)

Trustee to Effectuate Subordination. Each Holder holder of a Security Securities, by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XI and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Navistar Financial Corp, Navistar International Corp /De/New

Trustee to Effectuate Subordination. Each Holder of a Security Security, by his such Holder's acceptance thereof thereof, authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc)

Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Dan River Inc /Ga/), Marson Creative Fastener Inc

Trustee to Effectuate Subordination. Each Holder of a ----------------------------------- Security by his or her acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness and Senior Indebtedness of the Company as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Selfix Inc /De/, Advanstar Communications Inc

Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Fs Equity Partners Iii Lp), Delco Remy International Inc

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness as provided in this Article Ten and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc

Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Debt of each of the Guarantors as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Harborside Healthcare Corp, Sailors Inc

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Guarantor Senior Indebtedness and Senior Indebtedness of the Company as provided in this Article III and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: NBC Acquisition Corp, Nebraska Book Co

Trustee to Effectuate Subordination. Each Holder of a Security by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 12 and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Group Inc), Commonwealth Telephone Enterprises Inc /New/

Trustee to Effectuate Subordination. Each Holder of a Security Securities by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder’s acceptance thereof authorizes and directs the Trustee on his such Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesArticle.

Appears in 2 contracts

Samples: Mho, LLC, M/I Homes of Alabama, LLC

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as is necessary or as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposesEleven.

Appears in 2 contracts

Samples: Stolt Offshore S A, Stolt Offshore S A

Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Guarantor Senior Indebtedness as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Gibraltar Industries, Inc.

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 11 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Laboratory Corp of America Holdings), Indenture (Laboratory Corp of America Holdings)

Trustee to Effectuate Subordination. Each Holder of by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination 100 between the Holders and the holders of Senior Indebtedness of each of the Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (TRW Automotive Inc), Indenture (TRW Automotive Inc)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of Parent or any Subsidiary Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Wix Filtration Media Specialists, Inc.), Indenture (Brand Services)

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Debt as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Petroleum Heat & Power Co Inc), Indenture (Benedek Communications Corp)

Trustee to Effectuate Subordination. Each Holder or beneficial owner of a Security by his its acceptance thereof thereof, authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.

Trustee to Effectuate Subordination. Each Holder Securityholder by such Securityholder's acceptance of a Security by his acceptance thereof the Securities authorizes and directs the Trustee on his such Securityholder's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XV and appoints the Trustee his such Securityholder's attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Proassurance Corp), Indenture (Proassurance Corp)

Trustee to Effectuate Subordination. Each Holder holder of a Security and any coupons appertaining thereto by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-attorney- in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Royal Gold Inc /De/, Royal Gold Inc /De/

Trustee to Effectuate Subordination. Each Holder of Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Debt as provided in this Article X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Dii Group Inc), Video Satellite (Tv Guide Inc)

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes. SECTION 1108.

Appears in 2 contracts

Samples: Enron Capital Trust I, Enron Capital Trust Ii

Trustee to Effectuate Subordination. Each Holder of ------------------------------------ Securityholder by accepting a Security by his acceptance thereof authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Securityholders and the holders of Senior Indebtedness of each of the Subsidiary Guarantors as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Telecorp PCS Inc), Telecorp Tritel Holding Co

Trustee to Effectuate Subordination. Each Holder of a Security by his such Holder's acceptance thereof authorizes and directs the Trustee on his such Holder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination provided in this Article XIV and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: MortgageIT Holdings, Inc., Windrose Medical Properties Trust

Trustee to Effectuate Subordination. Each Holder of ----------------------------------- Securityholder by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of any Guarantor as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Cbre Holding Inc, Blum Capital Partners Lp

Trustee to Effectuate Subordination. Each Holder of a Security by his acceptance thereof thereof, whether upon original issue or upon transfer or assignment, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Remington Oil & Gas Corp, Anadarko Petroleum Capital Trust Iii

Trustee to Effectuate Subordination. Each Holder of Securityholder ----------------------------------- by accepting a Security 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 between the Securityholders and the holders of Senior Indebtedness of the Company as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Cbre Holding Inc, Blum Capital Partners Lp

Trustee to Effectuate Subordination. Each Holder holder of a Security Subsidiary Guarantee, by his acceptance thereof thereof, authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article XI and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (International Truck & Engine Corp), Navistar International Corp /De/New

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