Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 4 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company or the Guarantor (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company or the Guarantor (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated provided therein.. ARTICLE SEVEN
Appears in 3 contracts
Samples: Indenture (Arch Capital Group Ltd.), Arch Capital Group Ltd., Arch Capital Group (U.S.) Inc.
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.
Appears in 3 contracts
Samples: Note (Capital Automotive Reit), Senior Indenture (Sinclair Television Co Ii Inc), Reconciliation And (Capital Automotive Reit)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 3 contracts
Samples: Indenture (Sonic Automotive Clearwater Inc), Penske Automotive Group, Inc., Indenture (United Auto Group Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311 (a) to the extent indicated provided therein.. ARTICLE SEVEN
Appears in 2 contracts
Samples: Allied World Assurance Co Holdings LTD, Allied World Assurance Co Holdings LTD
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN [RESERVED] ARTICLE EIGHT CONSOLIDATION, MERGER, SALE OF ASSETS
Appears in 2 contracts
Samples: Indenture (Sonic Automotive Inc), Sonic Automotive Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated provided therein.. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 2 contracts
Samples: Delphi Financial Group Inc/De, Security Capital Assurance LTD
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the SecuritiesNotes), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.
Appears in 2 contracts
Samples: Collins & Aikman Corp, Indenture (Collins & Aikman Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities)Notes, the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act § 311(a) regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture ActAct § 311(b). A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act § 311(a) to the extent indicated therein.
Appears in 2 contracts
Samples: Indenture (Bellatrix Exploration Ltd.), Supplemental Indenture (Bellatrix Exploration Ltd.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 3.11(a) to the extent indicated provided therein.
Appears in 2 contracts
Samples: Xl Group PLC, Xl Capital LTD
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). The Trustee is subject to Section 311(a) of the Trust Indenture Act, excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed replaced shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 2 contracts
Samples: Texas Unwired, Indenture (Rural Cellular Corp)
Preferential Collection of Claims Against Company. If -------------------------------------------------- and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of any claims as a creditor against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.
Appears in 2 contracts
Samples: Indenture (National Commerce Bancorporation), Indenture (National Commerce Bancorporation)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND THE COMPANY
Appears in 2 contracts
Samples: Power Solutions International, Inc., Spartan Stores Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions Securities (other than by reason of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to any and all applicable provisions of the Trust Indenture Act, including Section 311(a) of the Trust Indenture Act, regarding the collection of claims against the Company or such other obligor. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 2 contracts
Samples: Abraxas Petroleum Corp, Abraxas Petroleum Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Debt Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated thereinindicated.
Appears in 2 contracts
Samples: Altria Group (Philip Morris USA Inc.), Kraft Foods Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the any and all applicable provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in obligor whether or not this Indenture is qualified under the Trust Indenture Act. For purposes of Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.:
Appears in 1 contract
Samples: Indenture (Entergy Arkansas Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.ARTICLE5
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Health Management Associates, Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated provided therein.
Appears in 1 contract
Samples: Indenture (Arch Capital Group LTD)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of claims any claim as a creditor against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.
Appears in 1 contract
Samples: Indenture (Banc One Corp /Oh/)
Preferential Collection of Claims Against Company. If and ------------------------------------------------- when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor Obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the Trust Indenture Act regarding the collection of such claims against the Company (or any such other obligorObligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who that has resigned or has been removed shall be subject to and comply with said Section 311(a) of the Trust Indenture Act 311 to the extent indicated thereinrequired thereby.
Appears in 1 contract
Samples: Agribiotech Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon Indenture Obligor under the Guaranties and the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to the Trust Indenture Act, Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 1 contract
Samples: Pioneer Companies Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 3.11(a) to the extent indicated therein.
Appears in 1 contract
Preferential Collection of Claims Against Company. If and when the Trustee shall be or shall become a creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), excluding any creditor relationship set forth in Section 311(b) of the Trust Indenture Act, if applicable, the Trustee shall be subject to the applicable provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.ARTICLE5 HOLDERS’ LISTS AND REPORTS BY THE TRUSTEE AND COMPANY
Appears in 1 contract
Samples: Rights Agreement
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, secured or unsecured, of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor). The Trustee is subject to Section 311(a) of the Trust Indenture Act, excluding any creditor relationships described relationship listed in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed replaced shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (Rural Cellular Corp)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the SecuritiesSecurities (other than by reason of a relationship described in Section 311(b) of the Trust Indenture Act), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein, as qualified by Trust Indenture Act Section 311(b).
Appears in 1 contract
Samples: Indenture (GFI Group Inc.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) 311 of the 38 Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in . For purposes of Section 311(b311(b)(4) and (6) of such Act, the Trust Indenture Act. A Trustee who resigned or has been removed following terms shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.mean:
Appears in 1 contract
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities)) , the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN
Appears in 1 contract
Samples: Packard Bioscience Co
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company Issuers (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company Issuers (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Trust Indenture Act Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 1 contract
Samples: Lower Road Associates LLC
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein. - 103 - 117 Section 613. Certain Duties and Responsibilities.
Appears in 1 contract
Samples: Pioneer East Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) SECTION 311 of the Trust Indenture Act Act, but only to the extent therein specified, regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b. For purposes of SECTION 311(b)(4) AND (6) of such Act, the Trust Indenture Act. A Trustee who resigned or has been removed following terms shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.mean:
Appears in 1 contract
Samples: Mission E&p Limited Partnership
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the SecuritiesSecurities of any series), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 1 contract
Samples: Trustreet Properties Inc
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.
Appears in 1 contract
Samples: Indenture (RAM Holdings Ltd.)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311 (a) to the extent indicated therein.. ARTICLE SEVEN
Appears in 1 contract
Samples: Bki Asset Management Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.. ARTICLE SEVEN HOLDERS’ LISTS AND REPORTS BY TRUSTEE AND COMPANY
Appears in 1 contract
Samples: New Century Financial Corp
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon the Securities), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act to the extent indicated therein.. ARTICLE SEVEN
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Preferential Collection of Claims Against Company. If and when the Trustee shall be or become a creditor, directly or indirectly, creditor of the Company (or any other obligor upon under the SecuritiesKDSM Senior Debentures), the Trustee shall be subject to the provisions of Section 311(a) of the Trust Indenture Act regarding the collection of claims against the Company (or any such other obligor), excluding any creditor relationships described in Section 311(b) of the Trust Indenture Act. A Trustee who has resigned or has been removed shall be subject to Section 311(a) of the Trust Indenture Act Section 311(a) to the extent indicated therein.. ARTICLE SEVEN
Appears in 1 contract
