Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 507 contracts
Samples: Indenture (Nephros Inc), Indenture (Verastem, Inc.), Indenture (Novavax Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 427 contracts
Samples: Indenture (Cboe Global Markets, Inc.), Indenture (Genco Shipping & Trading LTD), Supplemental Indenture (SM Energy Co)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 336 contracts
Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Armour Residential REIT, Inc.), Indenture (Laboratory Corp of America Holdings)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 249 contracts
Samples: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 203 contracts
Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Credit Acceptance Corp), Senior Indenture (Ingersoll Rand Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 156 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Charles River Laboratories Inc), Indenture (Health & Retirement Properties Trust)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 133 contracts
Samples: Indenture (Ostin Technology Group Co., Ltd.), Indenture (Blue Water Vaccines Inc.), Indenture (Arbe Robotics Ltd.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated therein.
Appears in 133 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 125 contracts
Samples: Tia Indenture (Rite Aid Corp), Indenture (Rev Holdings LLC), Plans Assumption Agreement (Rev Holdings LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 84 contracts
Samples: Indenture (Americredit Corp), Indenture (Elgin National Industries Inc), Indenture (United Healthcare Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 52 contracts
Samples: Initial Agreement (Frontier Communications Corp), Indenture (Lamb Weston Holdings, Inc.), Frontier Communications Corp
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 51 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Helmerich & Payne, Inc.), Reconciliation And (Nabors Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 48 contracts
Samples: Indenture (ACRES Commercial Realty Corp.), Indenture (Denbury Resources Inc), Intercreditor Agreement (Denbury Resources Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 47 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Indenture (Collins & Aikman Products Co), Indenture (Fairfield Manufacturing Co Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 39 contracts
Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Indenture (Precision Biosciences Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 36 contracts
Samples: Securities Indenture (Centene Corp), Indenture (Great Lakes Dredge & Dock CORP), Fifth Supplemental Indenture (Lear Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 31 contracts
Samples: Indenture (Stanley Works), Indenture (Occusystems Inc), Indenture (Cb Richard Ellis Services Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed set forth in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 30 contracts
Samples: Indenture (Gencorp Inc), Indenture (Gencorp Inc), Indenture (Amkor Technology Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 28 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (RR Donnelley & Sons Co), Affirm Holdings, Inc.
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 25 contracts
Samples: Imc Global Inc, Indenture (Laidlaw International Inc), Indenture (Cole National Group Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 24 contracts
Samples: Indenture (Standard Pacific Corp /De/), Supplemental Indenture (PSS Holding Inc), Indenture (Standard Pacific Corp /De/)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 23 contracts
Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA TTA Section 311(a) to the extent indicated thereinindicated.
Appears in 20 contracts
Samples: Global Ship Lease, Inc., Global Ship Lease, Inc., Global Ship Lease, Inc.
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA is subject to Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.
Appears in 18 contracts
Samples: Indenture (Sterling Bancorp), Indenture (Hallmark Financial Services Inc), Supplemental Indenture (Gray Television Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 18 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Range Resources Corp)
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 16 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Covenants (NortonLifeLock Inc.), Investment Agreement
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). ): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 16 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Swiss Available (Noble Finance Co), Security Agreement (Amc Entertainment Holdings, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE SEVEN
Appears in 15 contracts
Samples: Sixth Street Specialty Lending, Inc., FedNat Holding Co, Indenture (Tampa DC, LLC)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 14 contracts
Samples: Zion Oil & Gas Inc, Orgenesis Inc., Chesapeake Energy Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or has been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (UL Solutions Inc.), Indenture (PLBY Group, Inc.), Xilinx Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (Iron Mountain Inc/Pa), Indenture (Paramount Resources LTD), Indenture (SFX Broadcasting Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 13 contracts
Samples: Indenture (Mattel Inc /De/), Sunburst Hospitality Corp, Advanced Micro Devices Inc
Preferential Collection of Claims Against Company. The To the extent the TIA then applies to the Indenture, the Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A To the extent the TIA then applies to the Indenture, a Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 12 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Master Agreement (Zuora Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 12 contracts
Samples: Indenture (Pen Tab Industries Inc), Amo Holdings LLC, Axia Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section 311(bss. 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 12 contracts
Samples: Covenants (Hayes Lemmerz International Inc), Indenture (United Industries Corp), Purchase Agreement (Paxson Communications Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 11 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 11 contracts
Samples: Indenture (Paxson Communications Corp), Indenture (Skyterra Communications Inc), Security Agreement (Portrait Corp of America, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor on the Notes.
Appears in 11 contracts
Samples: Indenture (Hawk Motors Inc), Indenture (Del Monte Foods Co), Indenture (Hawk Brake Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company, as obligor on the Notes.
Appears in 10 contracts
Samples: Indenture (Piccadilly Cafeterias Inc), Indenture (Clark Material Handling Co), Indenture (Amerco /Nv/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed set forth in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (Vion Pharmaceuticals Inc), Indenture (Guilford Pharmaceuticals Inc), Indenture (LTX-Credence Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 10 contracts
Samples: Indenture (Penn National Gaming Inc), Indenture (Richmond American Homes of Northern California Inc), Indenture (Headway Corporate Resources Inc)
Preferential Collection of Claims Against Company. The -------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 10 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Indenture (DR Sales Inc), Indenture (Glenoit Asset Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or has been removed shall be subject to TIA comply with Section 311(a) of the TIA to the extent indicated thereinindicated.
Appears in 9 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with be subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Indenture (Multiband Corp), Indenture (Twin Cities Power Holdings, LLC), Indenture (Twin Cities Power Holdings, LLC)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 9 contracts
Samples: Lyondell Trust Iii, Petroquest Energy Inc, Syntroleum Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE EIGHT DISCHARGE OF INDENTURE
Appears in 8 contracts
Samples: Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE VIII
Appears in 8 contracts
Samples: Indenture (Soundhound Ai, Inc.), Indenture (Cuentas Inc.), Indenture (MICT, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with be deemed to be subject to TIA Section 311(a)) on the same basis as if this Indenture were qualified under the TIA, excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be deemed to be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 8 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Sealed Air Corp/De
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.indicated. ARTICLE EIGHT
Appears in 8 contracts
Samples: Cabot Corp, Indenture (Cabot Corp), Cabot Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a§ 311(a)(1) and 310(a)(5), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 8 contracts
Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section is subject to section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) of the TIA to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Birds Eye Foods, Inc.), Indenture (Linden Oaks Corp), Indenture (Eagle Picher Holdings Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V., Indenture (Vail Resorts Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated. ARTICLE EIGHT Discharge of Indenture Section 8.01.
Appears in 7 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section 311(b(S) 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 7 contracts
Samples: Indenture (Pca International Inc), Indenture (Sandhills Inc), Samsonite Holdings Inc
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 7 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Marson Creative Fastener Inc, Cbre Holding Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Stanley Works), Indenture (Argo Tech Corp), Winstar Communications Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 311 (a), excluding any creditor relationship listed in TIA Section 311(b§ 311 (b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 31I (a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), First Supplemental Indenture (Akoustis Technologies, Inc.)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Covenants (Encompass Services Corp), Unilab Corp /De/, Alliance Imaging of Michigan Inc
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Packaged Ice Inc, Packaged Ice Inc, Unifrax Investment Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein. The provisions of TIA (S) 311 shall apply to the Company, as obligor on the Notes.
Appears in 6 contracts
Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Management Solutins Inc/), Registration Rights Agreement (Therma Wave Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a§ 77kkk(a), excluding any creditor relationship listed in TIA Section 311(b§ 77kkk(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 77kkk(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section section 311(a), excluding any creditor relationship listed in TIA Section section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section section 311(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (Nm Licensing LLC), Indenture (Terex Corp)
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated thereinindicated.
Appears in 6 contracts
Samples: Indenture (Tenneco Automotive Inc), Acme Television LLC, Price Communications Corp
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 6 contracts
Samples: Indenture (Merrill Lynch & Co Inc), Indenture (Hewlett Packard Co), Tyco International LTD /Ber/
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Qunar Cayman Islands Ltd.), Indenture (Avago Technologies LTD)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). 311(6): A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Ocean Energy Inc), Global Crossing LTD, Sizeler Property Investors Inc
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: Indenture (United Refining Co), Indenture (United Refining Co), Indenture (Tenneco Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section S 311(a), excluding any creditor relationship listed in TIA Section S 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section S 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: License Agreement (Finlay Enterprises Inc /De), Indenture (Iron Mountain Inc /De), License Agreement (Finlay Fine Jewelry Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE NINE
Appears in 5 contracts
Samples: Indenture (Gene D. Yost & Son Inc.), Indenture (MidCon Compression LP), Indenture (Chesapeake Energy Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section §311(a), excluding any creditor relationship listed in TIA Section §311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated thereinindicated.
Appears in 5 contracts
Samples: BPZ Resources, Inc., Mothers Work Inc, Newmont Mining Corp /De/
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Global Imaging Systems Inc), Harborside Healthcare Corp, Sailors Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor credit or relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 5 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A If the present or any future Trustee who has resigned shall resign or been removed be removed, it shall be subject to TIA Section 311(a) to the extent indicated provided therein.
Appears in 5 contracts
Samples: Indenture (Mettler Toledo Holding Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein. The provisions of TIA Section 311 shall apply to the Company as obligor on the Notes.
Appears in 5 contracts
Samples: Exhibit T3c (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (Section) 311(a), excluding any creditor relationship listed in TIA Section (Section) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (Section) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Eer Systems Inc), Indenture (NTL Inc /De/), Trimas Corp
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee, in its capacity as Trustee hereunder, shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc), Cybernet Internet Services International Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated thereinindicated.
Appears in 4 contracts
Samples: Indenture (Wolverine Tube Inc), Indenture (Mediq Inc), Toyota Motor Credit Corp
Preferential Collection of Claims Against Company. The ------------------------------------------------- Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Plasma & Materials Technologies Inc, NTL Inc /De/, Just for Feet Specialty Stores Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(ass.311(a), excluding any creditor relationship listed in TIA Section 311(bss.311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(ass.311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc), Indenture (GPPD Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed described in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 4 contracts
Samples: PRGX Global, Inc., Indenture (PRGX Global, Inc.), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a§ 311 (a) to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Daramic, LLC), Indenture (Transdigm Inc)
Preferential Collection of Claims Against Company. The Trustee is subject to and shall comply with the provisions of TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.. ARTICLE SEVEN DISCHARGE OF INDENTURE, DEFEASANCE AND COVENANT DEFEASANCE
Appears in 4 contracts
Samples: Reconciliation And (Nabors Industries Inc), Reconciliation And (Nabors Industries Inc), Indenture (Helmerich & Payne Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a(S)311(a), excluding any creditor relationship listed in TIA Section 311(b(S)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(S)311(a) to the extent indicated thereinindicated. ARTICLE EIGHT Discharge of Indenture Section 8.01.
Appears in 4 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/, Tele Communications Inc /Co/
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Industries Inc, Trinity Marine Products, Inc.
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section (S) 311(a), excluding any creditor relationship listed in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.indicated. 44
Appears in 3 contracts
Samples: Tele Communications Inc /Co/, Tele Communications Inc /Co/, Tci Communications Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated therein.. ARTICLE SEVEN DISCHARGE OF INDENTURE
Appears in 3 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a(s)311(a), excluding any creditor relationship listed in TIA Section 311(b(s)311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a(s)311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section Sections 311(a), excluding any creditor relationship listed in TIA Section Sections 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section Sections 311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: MDC Holdings Inc, MDC Holdings Inc, MDC Holdings Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein. The provisions of TIA ss. 311 shall apply to the Company, as obligor on the Notes.
Appears in 3 contracts
Samples: Purchase Agreement (Wilson Greatbatch Technologies Inc), Indenture (Icn Pharmaceuticals Inc), Indenture (Del Monte Foods Co)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section ss. 311(a), excluding any creditor relationship listed set forth in TIA Section ss. 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section ss. 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Gap Inc), Indenture (Vishay Intertechnology Inc), Indenture (Nortel Networks Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section (S) 311(a), excluding any creditor relationship listed described in TIA Section (S) 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section (S) 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section §311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section §311(a) to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: Indenture (Flir Systems Inc), Catamaran PBM of Illinois II, Inc., Flir Systems Inc
Preferential Collection of Claims Against Company. The Upon this Indenture (or any amendment or supplement hereto) being qualified under the TIA, the Trustee shall comply with TIA Section 311(a), excluding any creditor relationship listed in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Consolidated Natural Gas Co/Va), Indenture (Dominion Resources Inc /Va/), Louis Dreyfus Natural Gas Corp
Preferential Collection of Claims Against Company. The Trustee, in its capacity as Trustee hereunder shall comply with TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc), Indenture (Buhrmann Nederland B.V.)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section 311(a), excluding any creditor relationship listed described in TIA Section 311(b). A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Enstar Inc
Preferential Collection of Claims Against Company. The Trustee shall comply with TIA Section 311(a)) of the TIA, excluding any creditor relationship listed in TIA Section 311(b)) of the TIA. A Trustee who has resigned or been removed shall be subject to TIA Section 311(a) of the TIA to the extent indicated therein.. ARTICLE EIGHT
Appears in 3 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Aecom), Indenture (Aecom Technology Corp)
Preferential Collection of Claims Against Company. The Trustee shall comply with is subject to TIA Section § 311(a), excluding any creditor relationship listed in TIA Section § 311(b). A Trustee who has resigned or been removed shall will be subject to TIA Section § 311(a) to the extent indicated thereinindicated.
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
