Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 5 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), LTX-Credence Corp
Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI11, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.
Appears in 5 contracts
Samples: School Specialty (School Specialty Inc), Indenture (School Specialty Inc), Indenture (Vlsi Technology Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 5 contracts
Samples: Lease (Getty Images Inc), Indenture (Lattice Semiconductor Corp), Burr Brown Corp
Authorization to Effect Subordination. Each holder Holder of a Convertible Note Note, by the holder’s acceptance thereof thereof, authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 504 of the Base Indenture hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible NotesHolders.
Appears in 4 contracts
Samples: First Supplemental Indenture (Park National Corp /Oh/), First Supplemental Indenture (Enterprise Financial Services Corp), First Supplemental Indenture (First Citizens Bancshares Inc /De/)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holder’s such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 3 contracts
Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc, Baker J Inc
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI11, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 3 contracts
Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note the Notes by the holderHolder’s acceptance thereof authorizes and directs the each Trustee on the holdersuch Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI13, and appoints the each Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the a Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of Representatives or any lender under the Senior Debt or their Representatives are Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notesthe Notes and the related Guarantees.
Appears in 3 contracts
Samples: Indenture (Iamgold Corp), Indenture (Iamgold Corp), Credit Agreement (Iamgold Corp)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 2 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note Noteholder, by the holderHolder’s acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Xxxxxx’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holdersuch Xxxxxx’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Designated Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible NotesNoteholders.
Appears in 2 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 2 contracts
Samples: Indenture (Amkor Technology Inc), Amkor International Holdings, LLC
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 2 contracts
Samples: Globespan Inc/De, LTX Corp
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s such Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XIARTICLE XIII, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof 8.9 at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 2 contracts
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI6, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 2 contracts
Samples: Registration Rights Agreement (P Com Inc), P Com Inc
Authorization to Effect Subordination. Each holder Holder of a Convertible Note the Notes by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s such Xxxxxx's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI13, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of Representatives or any lender under the Senior Debt or their Representatives are Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible NotesNotes and the related Guarantees.
Appears in 2 contracts
Samples: Credit Agreement (Iamgold Corp), Ninth Amending Agreement (Iamgold Corp)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XIXII, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.4 hereof at least 30 days before the expiration of the time to file such claim, the holders a Representative of any Designated Senior Debt or their Representatives are Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible NotesNotes and the Trustee shall have no liability therefor.
Appears in 2 contracts
Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt and Senior Subordinated Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Dynegy Inc /Il/)
Authorization to Effect Subordination. Each holder of a Convertible Note Note, by the holder’s its acceptance thereof thereof, authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Conexant Systems Inc
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.02 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI12, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders a representative of any Designated Senior Debt or their Representatives are is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Duane Reade Inc
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, IV and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 7.2 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness of the Company or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: HNC Software Inc/De
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each holder Holder of a Convertible Note Note, by the holder’s acceptance thereof thereof, authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 504 of the Base Indenture hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives Representative are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible NotesHolders.
Appears in 1 contract
Samples: First Supplemental Indenture (Premier Financial Corp)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 16 and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 16.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders a Representative of any Designated Senior Debt or their Representatives are is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Synthetic Industries Inc
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, XI and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Obligations or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Sepracor Inc /De/)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holderHolder’s acceptance thereof authorizes and directs the Trustee on the holdersuch Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holdersuch Holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note Holder by the holderHolder’s acceptance thereof authorizes and directs the Trustee on the holderHolder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holderHolder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Amkor Technology Inc)
Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not 57 file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.
Appears in 1 contract
Samples: Indenture (Amkor Technology Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Mentor Graphics Corp)
Authorization to Effect Subordination. Each holder of a Convertible Note Notes, by the holder’s 's acceptance thereof thereof, authorizes and directs the Trustee on the such holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI15, and appoints the Trustee to act as the such holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness (or their Representatives Representatives), are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Standard Management Corp
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, 4 and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the second paragraph of Section 6.09 7.02 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Authorization to Effect Subordination. Each holder Holder of a Convertible Note Notes, by the holderHolder’s acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holdersuch Holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Fti Consulting Inc)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note Notes, by the holderHolder’s acceptance thereof thereof, authorizes and directs the Trustee on the holdersuch Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holdersuch Holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, claim the holders of any the Senior Debt of the Company or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: BRP (Luxembourg) 4 S.a.r.l.
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, IV and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the second paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Obligations or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Sepracor Inc /De/)
Authorization to Effect Subordination. Each holder of a ------------------------------------- Convertible Subordinated Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI11, and appoints the Trustee to act as the holder’s attorney-in-'s attorney in fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 6.9 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.
Appears in 1 contract
Samples: Leasing Solutions Inc
Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note by the holder’s acceptance thereof authorizes and directs the Trustee on the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holder’s attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.
Appears in 1 contract
Samples: Indenture (Credence Systems Corp)
Authorization to Effect Subordination. Each holder of a Convertible Subordinated Note by the holder’s 's acceptance thereof authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Subordinated Notes.
Appears in 1 contract
Samples: Hutchinson Technology Inc
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, either the Representative or the holders of any the Senior Debt or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Air Rental Supply Inc)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, XII and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 12.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Kroll Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note Note, by the holder’s its acceptance thereof thereof, authorizes and directs the Trustee on the holder’s 's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Please Insert Social Security (Brocade Communications Systems Inc)
Authorization to Effect Subordination. Each holder of a Convertible Note by the holder’s holder"s acceptance thereof authorizes and directs the Trustee on the holder’s holder"s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI, Four and appoints the Trustee to act as the holder’s 's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in the third paragraph of Section 6.09 7.2 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Debt Indebtedness or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the holders of the Convertible Notes.
Appears in 1 contract
Samples: Indenture (Imclone Systems Inc/De)
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI12, and appoints the Trustee to act as the holder’s Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file of such claim, the holders Representatives of any the Designated Senior Debt or their Representatives Debt, including debt under the Credit Facility, are hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.
Appears in 1 contract
Samples: Timco Engine Center Inc
Authorization to Effect Subordination. Each holder Holder of a Convertible Note by the holder’s Holder's acceptance thereof authorizes and directs the Trustee on the holder’s such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article XI10, and appoints the Trustee to act as the holder’s such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the holders a representative of any Designated Senior Debt or their Representatives are of the Company is hereby authorized to file an appropriate claim for and on behalf of the holders Holders of the Convertible Notes.. SATISFACTION AND DISCHARGE
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)