Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.
Appears in 50 contracts
Sources: Senior Indenture (Teva Pharmaceutical Industries LTD), Indenture (Costamare Bulkers Holdings LTD), Indenture (GasLog Partners LP)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "incorporated provision") included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 40 contracts
Sources: Senior Subordinated Indenture (Hawaiian Electric Industries Inc), Senior Indenture (Morgan Stanley Dean Witter & Co), Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an “incorporated provision”) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 36 contracts
Sources: Junior Subordinated Indenture (Axis Capital Holdings LTD), Junior Subordinated Indenture (AXIS Specialty Finance LLC), Junior Subordinated Indenture (AXIS Specialty Finance LLC)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “"incorporated provision”"), such incorporated provision shall control.
Appears in 28 contracts
Sources: Indenture (Home Depot Inc), Indenture (Zd Inc), Indenture (Illinova Corp)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 28 contracts
Sources: Indenture (Kellanova), Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated provision shall control.
Appears in 15 contracts
Sources: Indenture (Discovery Communications, LLC), Indenture (Discovery Communications, LLC), Indenture (Par Technology Corp)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 7 contracts
Sources: Senior Indenture (Triton Energy LTD), Senior Subordinated Indenture (York International Corp /De/), Senior Subordinated Indenture (Triton Energy LTD)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If this Indenture has been qualified under the Trust Indenture Act with respect to a particular Series of Securities, and to the extent that any provision of this Indenture Indenture, with respect to said Series of Securities, limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)Act, such incorporated required provision shall controlcontrol with respect to such Series of Securities.
Appears in 7 contracts
Sources: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Subordinated Indenture (Alterra Finance LLC)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, or is deemed applicable to this Indenture by virtue of the provisions, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 7 contracts
Sources: Senior Subordinated Indenture (Seagull Energy Corp), Subordinated Indenture (Hovnanian Enterprises Inc), Senior Indenture (Ocean Energy Inc /La/)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.
Appears in 6 contracts
Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”"INCORPORATED PROVISION"), such incorporated provision shall control.
Appears in 5 contracts
Sources: Indenture (Vencor Inc), Indenture (Home Depot Inc), Indenture (Vitro Sa De Cv)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections §§ 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.
Appears in 4 contracts
Sources: Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP), Indenture (Boardwalk Pipeline Partners, LP)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provisionIncorporated Provision”), such incorporated provision Incorporated Provision shall control.
Appears in 4 contracts
Sources: Senior Indenture (Orix Corp), Senior Indenture (Orix Corp), Senior Indenture (Orix Corp)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections Section 310 to Section 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”"INCORPORATED PROVISION"), such incorporated provision shall control.
Appears in 4 contracts
Sources: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture hereof limits, qualifies or conflicts with another provision included in this Indenture the duties imposed by operation any of Sections 310 to through 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)or with another provision hereof which is required to be included by any of Section 310 through 317, inclusive, or by operation of Section 318(c) thereof, such incorporated duties and required provision shall controlcontrol except as, and to the extent, such provision is expressly excluded from this Indenture, as permitted by the Trust Indenture Act of 1939.
Appears in 4 contracts
Sources: Subordinated Indenture (McMoran Exploration Co /De/), Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (McMoran Exploration Co /De/)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Fourth Supplemental Indenture limits, qualifies or conflicts with another provision included in this Fourth Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 4 contracts
Sources: Fourth Supplemental Indenture (Reed Elsevier Capital Inc), Fourth Supplemental Indenture (Owens Illinois Inc /De/), Fourth Supplemental Indenture (Elsevier Nv /)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture hereof limits, qualifies or conflicts with another provision included in this Indenture the duties imposed by operation any of Sections 310 to through 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)or with another provision hereof which is required to be included by any of Section 310 through 317, inclusive, by operation of Section 318(c) thereof, such incorporated duties and required provision shall controlcontrol except as, and to the extent, such provision is expressly excluded from this Indenture, as permitted by the Trust Indenture Act of 1939.
Appears in 3 contracts
Sources: Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (Freeport McMoran Copper & Gold Inc), Senior Indenture (Freeport McMoran Copper & Gold Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture herein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 3 contracts
Sources: Indenture (American Biltrite Inc), Indenture (Trans World Gaming Corp), Indenture (Congoleum Corp)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by or with another provision (an "incorporated provision") included in this Indenture by operation of Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 3 contracts
Sources: Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De), Indenture (Murphy Oil Corp /De)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.
Appears in 3 contracts
Sources: Seventh Supplemental Indenture (Hovnanian Enterprises Inc), Senior Notes Indenture (Hovnanian Enterprises Inc), First Supplemental Indenture (Hovnanian Enterprises Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this First Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 2 contracts
Sources: First Supplemental Indenture (Qimonda Finance LLC), First Supplemental Indenture (Qimonda Finance LLC)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included incorporated in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated provision shall control.
Appears in 2 contracts
Sources: Indenture (Loop Media, Inc.), Indenture (Formfactor Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties required or deemed to be included by, or with another provision (an “incorporated provision”) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such required or deemed to be included duties or incorporated provision shall control.
Appears in 2 contracts
Sources: Subordinated Indenture (Greenlight Capital Re, Ltd.), Senior Indenture (Greenlight Capital Re, Ltd.)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated required provision shall control.
Appears in 2 contracts
Sources: Supplemental Indenture (Golden Books Family Entertainment Inc), Supplemental Indenture (Mail Well Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another any provision included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)in this Indenture pursuant to Section 7.02, such incorporated provision shall control.
Appears in 2 contracts
Sources: Indenture (Canadian Solar Inc.), Indenture (Canadian Solar Inc.)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections § § 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.
Appears in 2 contracts
Sources: Indenture (TGT Pipeline LLC), Indenture (TGT Pipeline LLC)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this the Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 2 contracts
Sources: First Supplemental Indenture (Interpublic Group of Companies, Inc.), Second Supplemental Indenture (Interpublic Group of Companies, Inc.)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture by operation of Sections sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”), such incorporated provision shall control.
Appears in 2 contracts
Sources: Indenture (Astrazeneca PLC), Indenture (Astrazeneca PLC)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by or with another provision (an “incorporated provision”) included in this Indenture by operation of Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 1 contract
Sources: Indenture (Murphy Oil Corp /De)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision (an "incorporated provision") included in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)TIA, such incorporated provision shall control.
Appears in 1 contract
Sources: Convertible Subordinated Indenture (Chancellor Media Corp/)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "incorporated provision" included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 1 contract
Sources: Indenture (Tenneco Packaging Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Eighth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 1 contract
Sources: Eighth Supplemental Indenture (Diamond Offshore Drilling Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Supplemental Indenture limits, qualifies or conflicts with another provision included in this Supplemental Indenture or in the Base Indenture which is required to be included herein by operation any of Sections 310 to 317, inclusive, 317 of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939, such incorporated required provision shall control.
Appears in 1 contract
Sources: First Supplemental Indenture (Hovnanian Enterprises Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an incorporated provision ) included in this Indenture by operation of of, Sections 310 to 317318, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such imposed duties or incorporated provision shall control.
Appears in 1 contract
Sources: Junior Subordinated Indenture (Morgan Stanley Capital Trust VIII)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Ninth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 1 contract
Sources: Supplemental Indenture (Diamond Offshore Drilling, Inc.)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another any provision included set forth in this Indenture by operation of Sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, that impose duties on any person, such incorporated provision of the Trust Indenture Act of 1939 shall control.
Appears in 1 contract
Sources: Indenture (CMS Energy Corp)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Sixth Supplemental Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 1 contract
Sources: Supplemental Indenture (Diamond Offshore Drilling Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent extend that any provision of this the Indenture limits, qualifies or conflicts with another a provision included in this Indenture by operation of Sections 310 to 317, inclusive, required under the terms of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, as amended, such incorporated Trust Indenture Act provision shall control.
Appears in 1 contract
Sources: First Supplemental Indenture (Interpublic Group of Companies Inc)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture (or any provision of the terms of a series of Securities) limits, qualifies or conflicts with another provision included in this Indenture which is required to be included in this Indenture by operation any of Sections sections 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 1 contract
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision included in this Indenture which is required to be included herein by operation any of Sections 310 3l0 to 3173l7, inclusive, or is deemed applicable to this Indenture by virtue of the provisions of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 1 contract
Sources: Subordinated Indenture (York International Corp /De/)
Conflict of Any Provision of Indenture with Trust Indenture Act of 1939. If and to the extent that any provision of this Fourth Supplemental Indenture limits, qualifies or conflicts with another provision included in this Fourth Supplemental Indenture or in the Indenture which is required to be included herein or therein by operation any of Sections Section 310 to 317, inclusive, of the Trust Indenture Act of 1939 (an “incorporated provision”)1939, such incorporated required provision shall control.
Appears in 1 contract