Common use of Article Applicable to Paying Agents Clause in Contracts

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.

Appears in 8 contracts

Samples: Indenture (Credence Systems Corp), Indenture (Charys Holding Co Inc), Indenture (LTX-Credence Corp)

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Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.

Appears in 6 contracts

Samples: Indenture (Amkor International Holdings, LLC), Indenture (Amkor Technology Inc), Indenture (Medis Technologies LTD)

Article Applicable to Paying Agents. In case 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 XI shall in such case (unless the context shall otherwise requiresrequire) 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 XI in addition to or in place of the Trustee; provided, however, that the second Sections 15.04, 15.05 and third paragraphs of Section 11.11 15.06 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agentpaying agent. The Trustee, by its execution of a counterpart of this Indenture, acknowledges and accepts its appointment as Trustee.

Appears in 3 contracts

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

Article Applicable to Paying Agents. In case 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 XI XIII shall in such case (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 XI XIII in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 13.11 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.

Appears in 2 contracts

Samples: Amkor Technology Inc, Amkor International Holdings, LLC

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 the Paying Agent were named in this Article XI in addition to or in place of the Trustee; provided, however, that the second Sections 11.5 and third paragraphs of Section 11.11 11.7 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.

Appears in 2 contracts

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

Article Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term “terms "Trustee" as used in this Article XI 10 shall in such case (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 XI 10 in addition to or in place of the TrusteeTrustee except for purposes of delivery of a notice pursuant to Section 10.03; provided, however, that the second and third paragraphs of this Section 11.11 10.12 shall not apply to the Company or any Subsidiary Affiliate of the Company if it or such Subsidiary Affiliate acts as Paying Agent.

Appears in 2 contracts

Samples: Indenture (Associated Materials Inc), Associated Materials Inc

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 10.11 shall not apply to the Company or any Subsidiary subsidiary of the Company if it or such Subsidiary subsidiary acts as Paying Agent.

Appears in 2 contracts

Samples: Dollar Indenture (JSG Acquisitions I), JSG Acquisitions I

Article Applicable to Paying Agents. In case 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 XI VI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 6.11 shall not apply to the Company or any Subsidiary subsidiary of the Company if it or such Subsidiary subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: Indenture (Midcom Communications Inc)

Article Applicable to Paying Agents. In case 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 XI 13 shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying 117 Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article XI 13 in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of neither Section 11.11 13.09 hereof nor Section 13.12 hereof shall not apply to the Company or any Wholly Owned Subsidiary of the Company if it or such Wholly Owned Subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: Execution Copy (Western Gas Resources Inc)

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 the Paying Agent were named in this Article XI in addition to or in place of the Trustee; provided, however, that the second Sections 11.5 and third paragraphs of Section 11.11 11.7 shall not apply to the Company or any Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: Cybernet Internet Services International Inc

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Article Applicable to Paying Agents. In case 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 XI 11 shall in such case (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 XI 11 in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 shall not apply to the Company or any Subsidiary subsidiary of the Company if it or such Subsidiary subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: School Specialty Inc

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of neither Section 11.11 12.09 nor Section 12.12 shall not apply to the Company or any Wholly Owned Subsidiary of the Company if it or such Wholly owned Subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: Wiser Marketing Co

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of Section 11.11 shall not apply to the Company or any Subsidiary Affiliate of the Company if it or such Subsidiary Affiliate acts as Paying Agent.

Appears in 1 contract

Samples: Leasing Solutions Inc

Article Applicable to Paying Agents. In case 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 XI shall in such case (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 XI in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of neither Section 11.11 10.09 nor Section 10.12 shall not apply to the Company or any Wholly Owned Subsidiary of the Company if it or such Wholly owned Subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: Wiser Marketing Co

Article Applicable to Paying Agents. In case 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 XI 11 shall in such case (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 XI 11 in addition to or in place of the Trustee; provided, however, that the second and third paragraphs of neither Section 11.11 11.09 hereof nor Section 11.12 hereof shall not apply to the Company or any Wholly Owned Subsidiary if it or such Wholly Owned Subsidiary of the Company if it or such Subsidiary acts as Paying Agent.. 105

Appears in 1 contract

Samples: Execution Copy (Western Gas Resources Inc)

Article Applicable to Paying Agents. In case 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 XI 6 shall in such case (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 XI in addition to or in place of the Trustee; provided, -------- however, that the second and third paragraphs of Section 11.11 6.11 shall not apply to ------- the Company or any Subsidiary subsidiary of the Company if it or such Subsidiary subsidiary acts as Paying Agent.

Appears in 1 contract

Samples: P Com Inc

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