Common use of Trustee to Effectuate Subordination Clause in Contracts

Trustee to Effectuate Subordination. Each Holder of a 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 (Aurora Electronics Inc), Indenture (R H Donnelley Corp), Indenture (Buffets Inc)

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Trustee to Effectuate Subordination. Each Holder of Holder, by accepting a Note by his acceptance thereof Note, authorizes and directs the Trustee on his its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt of Holdings or 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 12 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his its behalf to execute such documentation and to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt 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 12 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Trustee to Effectuate Subordination. Each Holder of a Note 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 VI and appoints the Trustee his as such holder's attorney-in-fact for any and all such purposes.

Appears in 9 contracts

Samples: Third Supplemental Indenture (Coastal Corp), Fourth Supplemental Indenture (Tele Communications Inc /Co/), Third Supplemental Indenture (Tci Communications Inc)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of the Company as provided in this Article 16 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 9 contracts

Samples: Indenture (On Semiconductor Corp), Indenture (Alliant Techsystems Inc), Indenture (Walter Industries Inc /New/)

Trustee to Effectuate Subordination. Each Holder of a Note Notes 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 VI and appoints the Trustee his such Holder's attorney-in-fact for any and all such purposes.

Appears in 7 contracts

Samples: First Supplemental Indenture (Southwest Gas Corp), Supplemental Indenture (Household Capital Trust Vii), Supplemental Indenture (Household International Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt 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 7 contracts

Samples: First Supplemental Indenture (Jarden Corp), Indenture (Transdigm Inc), Indenture (Daramic, LLC)

Trustee to Effectuate Subordination. Each Holder of a Note 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 holder of a Note Notes 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 Six and appoints the Trustee his such holder's attorney-in-fact for any and all such purposes.

Appears in 5 contracts

Samples: Second Supplemental Indenture (Mediaone Finance Trust Ii), First Supplemental Indenture (Mediaone Finance Trust Ii), Supplemental Indenture (Mediaone Group Inc)

Trustee to Effectuate Subordination. Each Holder holder of a Note 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 (Thermotrex Corp), Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Subsidiary Guarantor as provided in this Article 11 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Third Supplemental Indenture (Denbury Resources Inc), First Supplemental Indenture (Denbury Resources Inc), Third Supplemental Indenture (Encore Acquisition Co)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of each of the Subsidiary Guarantors as provided in this Article 18 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 X and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 4 contracts

Samples: Third Supplemental Indenture (Denbury Resources Inc), First Supplemental Indenture (Denbury Resources Inc), Third Supplemental Indenture (Encore Acquisition Co)

Trustee to Effectuate Subordination. Each Holder holder of a 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 4 contracts

Samples: Indenture (Vishay Intertechnology Inc), Subordinated Debt Indenture (Interpublic Group of Companies Inc), Indenture (Signature Resorts Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt of the Company as provided in this Article 11 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Jarden Corp), Indenture (Jarden Corp), Indenture (Western Gas Resources Inc)

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

Appears in 3 contracts

Samples: Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of each of the Note Guarantors as provided in this Article 18 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp)

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

Appears in 3 contracts

Samples: Indenture (Sun Healthcare Group Inc), Indenture (SHG Holding Solutions Inc), Indenture (Leasehold Resource Group LLC)

Trustee to Effectuate Subordination. Each Holder Noteholder by his acceptance of a 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 3 contracts

Samples: Indenture, Indenture, Indenture

Trustee to Effectuate Subordination. Each Holder of a Note Notes, by his the Holder’s acceptance thereof thereof, authorizes and expressly directs the Trustee on his such Xxxxxx’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 2, and appoints the Trustee his to act as such Xxxxxx’s attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture Agreement (Centrus Energy Corp), Indenture Agreement (United States Enrichment Corp), Indenture Agreement (Usec Inc)

Trustee to Effectuate Subordination. Each Holder of a Note 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 effectuate the subordination provided in this Article IV and appoints the Trustee his or her attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Atlantic Coast Airlines Inc), Indenture (Kellstrom Industries Inc), Indenture (Atlantic Coast Airlines Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 3 contracts

Samples: Indenture (Broadwing Communications Inc), Indenture (Broadwing Inc), Indenture (Maxxim Medical Inc/Tx)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of any Subsidiary Guarantor 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: Indenture (Sun Healthcare Group Inc), Indenture (Leasehold Resource Group LLC), Indenture (SHG Holding Solutions Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 acknowledge or effectuate the subordination between the Holders 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 3 contracts

Samples: Indenture (Constar International Inc), Indenture (Constar Inc), Indenture (Access Financial Solutions Inc)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note by his 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 13 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp)

Trustee to Effectuate Subordination. Each Holder of a Note Notes 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 VI and appoints the Trustee his such Holder’s attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Indenture (Southern Union Co)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Note Guarantor as provided in this Article XII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Constar Inc), Indenture (Constar International Inc), Indenture (Access Financial Solutions Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 3 contracts

Samples: Indenture (American Media Operations Inc), Indenture (Maxxim Medical Inc/Tx), Indenture (Berry Plastics Corp)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his behalf of the Noteholder to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Noteholders and the holders of Senior Debt as provided in this Article and appoints the Trustee his as attorney-in-fact for any and all such purposes, including for the purpose of filing a claim in any proceedings of the nature referred to in Section 10.02.

Appears in 3 contracts

Samples: Indenture (Chesapeake Corp /Va/), Indenture (Sybron Dental Specialties Inc), Indenture (Keystone Marketing Services Inc)

Trustee to Effectuate Subordination. Each Holder of a Note by his its acceptance thereof authorizes and directs the Trustee Trustees on his its behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 8 and appoints the Trustee his Trustees, and each of them, its attorney-in-fact for any and all such purposes.

Appears in 3 contracts

Samples: Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD), Indenture (Tower Semiconductor LTD)

Trustee to Effectuate Subordination. Each Holder of a Note 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 (Abn Amro Bank Nv), Indenture (Bank Bradesco), First Supplemental Indenture (Abn Amro Bank Nv)

Trustee to Effectuate Subordination. Each Holder of a Note Noteholder, by his such Noteholder’s acceptance thereof thereof, authorizes and directs the Trustee on his such Noteholder’s behalf to take such action (as may be the Trustee, in its discretion, deems necessary or appropriate appropriate, upon instruction or otherwise) to effectuate the subordination provided in this Article XV and appoints the Trustee his such Noteholder’s attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 acknowledge or effectuate the subordination between the Holders 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 2 contracts

Samples: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 8 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Broadwing Inc), Indenture (Broadwing Communications Inc)

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

Appears in 2 contracts

Samples: Indenture (Ares Management Corp), Indenture (Apollo Global Management, Inc.)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of the Company as provided in this Article 15 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Headwaters Inc), Indenture (Alliant Techsystems Inc)

Trustee to Effectuate Subordination. Each Holder holder of a 1997A 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 VII and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)

Trustee to Effectuate Subordination. Each Holder of a Note 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 XIV and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)

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

Appears in 2 contracts

Samples: Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc)

Trustee to Effectuate Subordination. Each Holder of Noteholder ----------------------------------- by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his such Noteholder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Noteholders and the holders of Senior Indebtedness of any Note Guarantor 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 (BGF Industries Inc), Indenture (Advanced Glassfiber Yarus LLC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 lenders under the Revolver Obligations 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 (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt 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 2 contracts

Samples: Indenture (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)

Trustee to Effectuate Subordination. Each Holder of a Senior Note 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 2 contracts

Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Comstock Homebuilding Companies, Inc.)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt of any Guarantor as provided in this Article 13 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Jarden Corp), Indenture (Jarden Corp)

Trustee to Effectuate Subordination. Each Holder of a 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 for in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 lenders under Revolver Obligations 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 (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)

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

Appears in 2 contracts

Samples: Second Supplemental Indenture (Axos Financial, Inc.), Second Supplemental Indenture (Axos Financial, Inc.)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Restricted Subsidiary 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 (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders 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: Indenture (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders 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 2 contracts

Samples: Indenture (Graphic Packaging Corp), Indenture (Purina Mills Inc)

Trustee to Effectuate Subordination. Each Holder of a Note Notes 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 XI and appoints the Trustee his its attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Trustee to Effectuate Subordination. Each Holder holder of a Note 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 VI and appoints the Trustee his such holder's attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Commonwealth Edison Co), Supplemental Indenture (Commonwealth Edison Co)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his such Noteholder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Noteholders and the holders of Senior Indebtedness of the Issuer 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 (Susquehanna Media Co), Indenture (Phoenix Md Realty LLC)

Trustee to Effectuate Subordination. Each Holder of a Note 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 11 and appoints the Trustee his as such Holder's attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Purchase Agreement (Kapson Senior Quarters Corp), Indenture (Hybridon Inc)

Trustee to Effectuate Subordination. Each Holder of a Note 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 VI and appoints the Trustee his such holder's attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: First Supplemental Indenture (Tci Communications Financing Iv), First Supplemental Indenture (Tci Communications Financing Iv)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 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: Third Supplemental Indenture (Celestica Inc), First Supplemental Indenture (Celestica Inc)

Trustee to Effectuate Subordination. Each Holder of a 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 3 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: First Supplemental Indenture (Peapack Gladstone Financial Corp), First Supplemental Indenture (Peapack Gladstone Financial Corp)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note by his 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 14 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp)

Trustee to Effectuate Subordination. Each Holder of a Note 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 as such Holder’s attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt 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 (Rural Metro Corp /De/), Indenture (Graham Packaging Holdings Co)

Trustee to Effectuate Subordination. Each Holder of a 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 Fourteen and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 2 contracts

Samples: Indenture (Citadel License Inc), Indenture (Citadel Communications Corp)

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Trustee to Effectuate Subordination. Each Holder of a Note 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 1 contract

Samples: Indenture (Nine West Group Inc /De)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Notes and the holders of Senior Debt of the Company as provided in this Article XIV and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: First Supplemental Indenture (DCP Midstream Partners, LP)

Trustee to Effectuate Subordination. Each Holder of Noteholder ----------------------------------- by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his such Noteholder's behalf to take such action as may be necessary or appropriate to acknowledge or effectuate the subordination between the Noteholders and the holders of such 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 1 contract

Samples: Indenture (BGF Industries Inc)

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

Appears in 1 contract

Samples: Indenture (Iron Age Corp)

Trustee to Effectuate Subordination. Each Holder of a Senior Note 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 its attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Comstock Homebuilding Companies, Inc.)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt of Holdings or 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 1 contract

Samples: Indenture (Transdigm Inc)

Trustee to Effectuate Subordination. Each Holder holder of a Note 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 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Xtra Missouri Inc)

Trustee to Effectuate Subordination. Each Holder of a ----------------------------------- Convertible 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 for in this Article and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (United Usn Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Holder and the holders of Senior Debt of the Guarantor or Additional Guarantors as provided in Article XI and this Article and appoints the Trustee his attorney-in-fact for any and all such purposesXII.

Appears in 1 contract

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

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

Appears in 1 contract

Samples: Indenture (Unibanco Union of Brazilian Banks Sa)

Trustee to Effectuate Subordination. Each Holder of a Note Note, by his or her acceptance thereof thereof, authorizes and directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Fidelis Insurance Holdings LTD)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 of Notes and the holders of Guarantor Senior Debt as provided in this Article XII and appoints the Trustee his as attorney-in-in- fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Avery Berkel Holdings LTD)

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

Appears in 1 contract

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Issuers as provided in this Article 10 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Semiconductor Components Industries LLC)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 acknowledge or effectuate the subordination between the Holders and the holders of Senior Debt 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 1 contract

Samples: Indenture (Labranche & Co Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note by his acceptance thereof authorizes and directs the Trustee on his its behalf to execute such documentation and 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 XI and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

Trustee to Effectuate Subordination. Each Holder of a Note by his his, her or its 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 11 and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee Inc)

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

Appears in 1 contract

Samples: Senior Subordinated Indenture (Valentia Telecommunications)

Trustee to Effectuate Subordination. Each Holder of a Note 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 such Holder's attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Supplemental Indenture (Aol Time Warner Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 13 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: First Supplemental Indenture (Pilgrims Pride Corp)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of 110 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 1 contract

Samples: Indenture (Eye Care Centers of America Inc)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note by his 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 as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: First Supplemental Indenture (Whiting Petroleum Corp)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Obligations as provided in this Article Ten and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

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

Appears in 1 contract

Samples: Indenture (Shared Technologies Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt of any Guarantor as provided in this Article 14 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Jarden Corp)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders 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 1 contract

Samples: Indenture (Shared Technologies Inc)

Trustee to Effectuate Subordination. Each Holder of Noteholder by accepting a Note 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 Noteholders and the holders of Senior Indebtedness of Holdings as provided in this Article 12 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Wesco International Inc)

Trustee to Effectuate Subordination. Each Holder of a Note 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 4 and appoints the Trustee his such holder’s attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Supplemental Indenture (Stanley Black & Decker, Inc.)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 acknowledge or effectuate the subordination between the Holders and the holders of Senior Indebtedness of any Note Guarantor as provided in this Article 15 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Dirsamex Sa De Cv)

Trustee to Effectuate Subordination. Each Holder holder of a Note 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 1 contract

Samples: Indenture (GBC Bancorp)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Eleven and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Applied Power Inc)

Trustee to Effectuate Subordination. Each Holder of Notes by accepting a Note 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 of Notes 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 1 contract

Samples: Indenture (Avery Berkel Holdings LTD)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Debt of the Company as provided in this Article XIII and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Carriage Services Inc)

Trustee to Effectuate Subordination. Each Holder of by accepting a Note 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 Ten and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (STC Broadcasting Inc)

Trustee to Effectuate Subordination. Each Holder holder of Notes by accepting a Note 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 Notes and the holders of the Credit Facility Guarantee as provided in this Article 13 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Bradlees Stores Inc)

Trustee to Effectuate Subordination. Each Holder holder of ----------------------------------- Notes by accepting a Note 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 Notes and the holders of the Credit Facility Guarantees as provided in this Article 13 and appoints the Trustee his as attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (New Horizons of Yonkers Inc)

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

Appears in 1 contract

Samples: Indenture (Advanced Glassfiber Yarus LLC)

Trustee to Effectuate Subordination. Each Holder holder of a 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 Four and appoints the Trustee his attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (At Home Corp)

Trustee to Effectuate Subordination. Each Holder of a Note by his acceptance thereof authorizes and directs the Trustee on his such Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination provided in this Article 10 and appoints the Trustee his as such Xxxxxx's attorney-in-fact for any and all such purposes.

Appears in 1 contract

Samples: Indenture (Southwest Securities Group Inc)

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