Common use of Authorization to Effect Subordination Clause in Contracts

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 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 Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related Guarantees.

Appears in 3 contracts

Sources: Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp), Credit Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's ’s acceptance thereof authorizes and directs the each Trustee on such ▇▇▇▇▇▇'s Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, and appoints the each Trustee to act as the Holder's ’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 Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the the Notes and the related Guarantees.

Appears in 3 contracts

Sources: Indenture (Iamgold Corp), Credit Agreement (Iamgold Corp), Indenture (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the 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, a representative of Designated Senior Debt of the Representatives or any lender under the Senior Credit Facility Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 3 contracts

Sources: Indenture (Baker J Inc), Indenture (GHTV Inc), Indenture (Village at Breckenridge Acquisition Corp Inc)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 Representatives a Representative or any each lender under the under, or holder of, Senior Credit Facility Debt is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 2 contracts

Sources: Indenture (Forcenergy Inc), Indenture (Forcenergy Inc)

Authorization to Effect Subordination. Each Holder of the Notes Noteholder, by the Holder's ’s acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the Holder's such ▇▇▇▇▇▇’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 Representatives or holders of any lender under the Designated Senior Credit Facility is Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNoteholders.

Appears in 2 contracts

Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the such Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13ARTICLE XIII, 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 8.9 at least 30 days before the expiration of the time to file such claim, the Representatives holders of any Senior Debt or any lender under the Senior Credit Facility is their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 2 contracts

Sources: Indenture (Cray Inc), Indenture (Synaptics Inc)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the 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 Representatives or any lender lenders under the Senior Credit Facility is Facilities are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 2 contracts

Sources: Indenture (Team Health Inc), Indenture (Emergency Medical Services CORP)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13XII, 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 6.4 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender under the a Representative of Designated Senior Credit Facility Indebtedness is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesTrustee shall have no liability therefor.

Appears in 2 contracts

Sources: Indenture (Mmi Products Inc), Indenture (Mmi Products Inc)

Authorization to Effect Subordination. Each Holder holder of the Notes a Convertible Note by the Holder's holder’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s the holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, XI 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 any Senior Debt or their Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders holders of the Notes and the related GuaranteesConvertible Notes.

Appears in 1 contract

Sources: Indenture (Guilford Pharmaceuticals Inc)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's acceptance thereof authorizes and directs the eachthe Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, and appoints the eachthe Trustee to act as the Holder's attorney-in-fact for any and all such purposes. If the athe 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 Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the the Notes and the related Guarantees.

Appears in 1 contract

Sources: Fifth Amending Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13X, and appoints the Trustee to act as the 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 Representatives holders of Designated Senior Debt (or any lender under the Senior Credit Facility is their Representative) are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Nortek Inc)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s the Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13XI, 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 or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Amkor Technology Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 Representatives or any lender agents of the lenders under the Senior Credit Facility is Agreement are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Remington Products Co LLC)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the 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 Representatives or any lender of the Designated Senior Debt, including debt under the Senior Credit Facility is Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Prime Medical Services Inc /Tx/)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13X, and appoints the Trustee to act as the 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 Representatives or any lender under representatives of the Designated Senior Credit Facility is Indebtedness are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Iae Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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, a representative of Designated Senior Debt of the Representatives or any lender under the Senior Credit Facility Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Vail Resorts Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13Fourteen, 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 5.04 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender agents of the lenders under the Senior Bank Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Grand Palais Riverboat Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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, either the Representatives Representative or any lender under the holders of the Senior Credit Facility is Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Air Rental Supply Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s the Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 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 6.09 504 of the Base Indenture hereof at least 30 days before the expiration of the time to file such claim, the Representatives holders of any Senior Indebtedness or any lender under the Senior Credit Facility is their Representative are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesHolders.

Appears in 1 contract

Sources: First Supplemental Indenture (Premier Financial Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 16 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 16.03 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Compudyne Corp)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's ’s acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 Senior Debt Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Fti Consulting Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Debenture by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 13 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 4.09 hereof at least 30 thirty (30) days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesHolders.

Appears in 1 contract

Sources: Indenture (Dov Pharmaceutical Inc)

Authorization to Effect Subordination. Each Holder of the Notes Securities by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1311, 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 16.09] hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes Securities and the related Guarantees.

Appears in 1 contract

Sources: Credit Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's ’s acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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, claim the Representatives or any lender under holders of the Senior Credit Facility is Debt of the Company or their Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (BRP (Luxembourg) 4 S.a.r.l.)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1312, and appoints the Trustee to act as the 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 Representatives or any lender of the Designated Senior Debt, including debt under the Senior Credit Facility is Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Prime Medical Services Inc /Tx/)

Authorization to Effect Subordination. Each Holder of the Notes Securities, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, and appoints the Trustee to act as the such Holder's attorney-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 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender under a Representative of the Senior Credit Facility Debt is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesSecurities.

Appears in 1 contract

Sources: Indenture (Concentric Network Corp)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the Holdersuch ▇▇▇▇▇▇'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 Representatives or any lender of the Designated Senior Debt, including debt under the Senior Credit Facility is Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Timco Engine Center Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s the Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13Fourteen, 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 5.04 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender agents of the lenders under the Senior Bank Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (St Charles Gaming Co Inc)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13Ten, and appoints the Trustee to act as the 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 Representatives or any lender under of the Senior Credit Facility is Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1312, 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 of such claim, the Representatives or any lender of the Designated Senior Debt, including debt under the Senior Credit Facility is Facility, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Timco Engine Center Inc)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 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 Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related Guarantees.

Appears in 1 contract

Sources: Indenture (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's such ▇▇▇▇▇▇’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s ’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, Four and appoints the Trustee to act as the Holder's such ▇▇▇▇▇▇’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 5.04 of the Original Indenture hereof at least 30 days before the expiration of the time to file such claim, the Representatives holders of any Senior Indebtedness or any lender under the Senior Credit Facility is their representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: First Supplemental Indenture (Webster Financial Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, 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 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 Indebtedness of the Company or their Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (HNC Software Inc/De)

Authorization to Effect Subordination. Each Holder of the Notes Notes, by the Holder's acceptance thereof thereof, authorizes and directs the Trustee on such ▇▇▇▇▇▇'s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 135, and appoints the Trustee to act as the Holdersuch ▇▇▇▇▇▇'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 8.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or holders of any lender under the Designated Senior Credit Facility is Indebtedness are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Emcore Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 Representatives or any lender agents of the lenders under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Allbritton Communications Co)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1312, 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 Representatives or any lender under the a representative of Designated Senior Credit Facility Debt is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Duane Reade Inc)

Authorization to Effect Subordination. Each Holder of the Senior Subordinated Notes by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 Representatives or any lender under of the Senior Credit Facility is Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related Guaranteessuch Senior Subordinated Notes.

Appears in 1 contract

Sources: Indenture (Plainwell Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's ’s acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇'s the Holder’s behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 of such claim, the Representatives or any lender under of the Designated Senior Debt, including the Credit Facility is Agent, are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Senior Subordinated Loan Agreement (J Crew Group Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, XII 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 12.3 hereof at least 30 days before the expiration of the time to file such claim, the holders of any Senior Indebtedness or their Representatives or any lender under the Senior Credit Facility is are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Kroll Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, 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 6.9 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender under the a Representative of Designated Senior Credit Facility Debt is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Synthetic Industries Inc)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇the Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310A, 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 6.4 hereof at least 30 days before the expiration of the time to file such claim, the Representatives or any lender under of the holders of the Senior Credit Facility is Debt are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related GuaranteesNotes.

Appears in 1 contract

Sources: Indenture (Horseshoe Gaming LLC)

Authorization to Effect Subordination. Each Holder of the Notes by the Holder's acceptance thereof authorizes and directs the each Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 13, and appoints the each Trustee to act as the Holder'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 Representatives or any lender under the Senior Credit Facility is hereby authorized to file an appropriate claim for and on behalf of the Holders of the the Notes and the related Guarantees.

Appears in 1 contract

Sources: Fifth Amending Agreement (Iamgold Corp)

Authorization to Effect Subordination. Each Holder of the Notes a Note by the Holder's acceptance thereof authorizes and directs the Trustee on such ▇▇▇▇▇▇Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 1310, and appoints the Trustee to act as the 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, a representative of Designated Senior Debt of the Representatives or any lender under the Senior Credit Facility Company is hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes and the related Guarantees.Notes. SATISFACTION AND DISCHARGE

Appears in 1 contract

Sources: Indenture (Vail Resorts Inc)