Common use of Article Applicable to Paying Agents Clause in Contracts

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 7 contracts

Samples: Please Insert Social Security (Brocade Communications Systems Inc), Indenture (Imclone Systems Inc/De), Indenture (Conexant Systems Inc)

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Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" Trustee as used in this Article Four IV shall (unless the context shall otherwise requiresrequire) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph sentence of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 5 contracts

Samples: Indenture (Alkermes Inc), Financial Federal Corp, Financial Federal Corp

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 4 shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four 4 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 5 contracts

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Mentor Graphics Corp), Globespan Inc/De

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 4 shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four 4 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 5 contracts

Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four X shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four X in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 10.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 4 contracts

Samples: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)

Article Applicable to Paying Agents. If at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent Paying Agent within its meaning as fully for all intents and purposes as if such paying agent Paying Agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 15.5 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents Paying Agents (including the Company if acting as its own paying agentPaying Agent) and shall have no control of any funds held by such other paying agentsPaying Agents.

Appears in 3 contracts

Samples: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 2 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Article Applicable to Paying Agents. If at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "TrusteeTRUSTEE" as used in this Article Four 4 shall (unless the context otherwise requires) be construed as extending to and including such paying agent Paying Agent within its meaning as fully for all intents and purposes as if such paying agent Paying Agent were named in this Article Four 4 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents Paying Agents (including the Company if acting as its own paying agentPaying Agent) and shall have no control of any funds held by such other paying agentsPaying Agents.

Appears in 2 contracts

Samples: Indenture (Williams Companies Inc), Williams Companies Inc

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 2 contracts

Samples: Indenture (Cke Restaurants Inc), Cymer Inc

Article Applicable to Paying Agents. If at any time any ----------------------------------- paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 2 contracts

Samples: Semtech Corp, Viropharma Inc

Article Applicable to Paying Agents. If at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent Paying Agent within its meaning as fully for all intents and purposes as if such paying agent Paying Agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents Paying Agents (including the Company if acting as its own paying agentPaying Agent) and shall have no control of any funds held by such other paying agentsPaying Agents, unless and to the extent that the Trustee has been appointed as Paying Agent under this Indenture.

Appears in 2 contracts

Samples: Indenture (Sepracor Inc /De/), Indenture (Lifepoint Hospitals, Inc.)

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 5 shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four 5 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 5.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: Lucent Technologies Inc

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 31 39 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: Burr Brown Corp

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Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder the Indenture, the term "Trustee" as used in this Article Four IV shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four IV in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company Parent or any Affiliate of the Company Parent if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company Parent if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: First Supplemental Indenture (Scios Inc)

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 4 shall - (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four 4 in addition to or - in place of the Trustee; provided, however, provided that the first paragraph of Section 4.5 4.05 shall ---- not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: Indenture (Axcelis Technologies Inc)

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 4 shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four 4 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 hereof shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Article Applicable to Paying Agents. If at any time any paying ----------------------------------- agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents.

Appears in 1 contract

Samples: Riverstone Networks Inc

Article Applicable to Paying Agents. If at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four 4 shall (unless the context otherwise requires) be construed as extending to and including such paying agent Paying Agent within its meaning as fully for all intents and purposes as if such paying agent Paying Agent were named in this Article Four 4 in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 4.05 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agentPaying Agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents Paying Agents (including the Company if acting as its own paying agentPaying Agent) and shall have no control of any funds held by such other paying agentsPaying Agents.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Article Applicable to Paying Agents. If at any time any paying agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent within its meaning as fully for all intents and purposes as if such paying agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first paragraph of Section 4.5 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as paying agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents (including the Company if acting as its own paying agent) and shall have no control of any funds held by such other paying agents, unless and to the extent that the Trustee has been appointed as paying agent under this Indenture.

Appears in 1 contract

Samples: Indenture (Sepracor Inc /De/)

Article Applicable to Paying Agents. If at any time any paying agent Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Four shall (unless the context otherwise requires) be construed as extending to and including such paying agent Paying Agent within its meaning as fully for all intents and purposes as if such paying agent Paying Agent were named in this Article Four in addition to or in place of the Trustee; provided, however, that the first -------- ------- paragraph of Section 4.5 15.5 shall not apply to the Company or any Affiliate of the Company if it the Company or such Affiliate acts as paying agentPaying Agent. The Trustee shall not be responsible for the actions or inactions of any other paying agents Paying Agents (including the Company if acting as its own paying agentPaying Agent) and shall have no control of any funds held by such other paying agentsPaying Agents.

Appears in 1 contract

Samples: NPS Pharmaceuticals Inc

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