Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon by Section 318(c) thereof, such required provision shall control.
Appears in 107 contracts
Samples: Indenture (Maiden Holdings North America, Ltd.), Indenture (CIT Group Funding CO of Canada), Indenture (KKR Financial Holdings IV, LLC)
Conflict with Trust Indenture Act. If and to the extent that any provision hereof of this Indenture limits, qualifies or conflicts with the duties imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act, such imposed duties shall control. If any duties under provision of this Indenture modifies or excludes any required provision of the Trust Indenture Act imposed hereon by Section 318(c) thereofwhich may be so modified or excluded, such required the latter provision shall controlbe deemed to apply to this Indenture as so modified or to be excluded, as the case may be.
Appears in 50 contracts
Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Laboratory Corp of America Holdings), Indenture (American Realty Capital Properties, Inc.)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with the duties imposed by any duties under any required provision of Sections 310 through 317, inclusive, of the Trust Indenture Act imposed hereon by through the operation of Section 318(c) thereof, such required provision imposed duties shall control.
Appears in 29 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with the duties imposed on any duties under any required provision person by the provisions of Sections 310 to 317, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required provision imposed duties shall control.
Appears in 26 contracts
Samples: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (Harrahs Entertainment Inc)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon deemed included herein by Section 318(c) thereof, such required provision shall control.
Appears in 5 contracts
Samples: Indenture (Nisource Finance Corp), Nisource Finance Corp, Peoples Energy Corp
Conflict with Trust Indenture Act. If and to the extent that any provision hereof of this Indenture limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon by Section 318(c) thereof, such required provision shall control.
Appears in 4 contracts
Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required a provision of the Trust Indenture Act imposed hereon by Section 318(c) thereofwhich is required under such Act to be a part of and govern this Indenture, such required the provision of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the provision of this Indenture shall control.
Appears in 3 contracts
Samples: United Parcel Service Inc, Indenture (Mercury Finance Co), Indenture (United Parcel Service Inc)
Conflict with Trust Indenture Act. If any provision provisions hereof limits, qualifies or conflicts with any the duties under any required provision imposed by Sections 310 to 317, inclusive, of the Trust Indenture Act imposed hereon by through operation of Section 318(c) thereof), such required provision imposed duties shall control.
Appears in 3 contracts
Samples: Indenture (Cii Financial Inc), Sierra Health Services Inc, Cii Financial Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon by operation of Section 318(c) thereof, such required provision shall control.
Appears in 3 contracts
Samples: Indenture (Nordstrom Inc), Walgreens Boots Alliance, Inc., Nordstrom Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included in this indenture by any duties under any required provision of the provisions of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required provision shall control.
Appears in 2 contracts
Samples: Indenture (Boise Cascade Trust Iii), Boise Cascade Trust Iii
Conflict with Trust Indenture Act. If and to the extent that any provision hereof of this Indenture limits, qualifies or conflicts with any duties under any required imposed by, or with another provision (an “incorporated provision”) included in this Indenture by operation of Sections 310 to 318, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required imposed duties or incorporated provision shall control.
Appears in 2 contracts
Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)
Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any duties under any required provision of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the Trust Indenture Act shall control unless otherwise provided as contemplated by Section 3.01 with respect to any series of Securities.
Appears in 2 contracts
Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon or another provision hereof which is required or deemed to be included in this Indenture by Section 318(c) thereofany of the provisions of the Trust Indenture Act, such required provision or the requirement of the Trust Indenture Act shall control.
Appears in 2 contracts
Samples: Indenture (Utilicorp United Inc), Utilicorp United Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required a provision of the Trust Indenture Act imposed hereon by Section 318(c) thereofwhich is required under such Act to be a part of and govern this Indenture, such required the latter provision shall control.. If any provision of this Indenture modifies or excludes any
Appears in 1 contract
Samples: Indenture (Beckman Coulter Inc)
Conflict with Trust Indenture Act. (a) If any provision hereof limits, qualifies or conflicts with another provision hereof that is required to be included in this indenture by any duties under any of the provisions of the Trust Indenture Act, such required provision provisions of the Trust Indenture Act imposed hereon by Section 318(c) thereof, such required provision shall control.
Appears in 1 contract
Samples: Indenture (Bay View Deposit CORP)
Conflict with Trust Indenture Act. If and to the extent that any provision hereof limits, qualifies or conflicts with the duties imposed by, or with another provision (an "INCORPORATED PROVISION") included in this Indenture by operation of, any duties under any required provision of Sections 310 to 318, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required imposed duties or incorporated provision shall control.
Appears in 1 contract
Samples: Robbins & Myers Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with any duties under any required a provision of the Trust Indenture Act imposed hereon by Section 318(c) thereofthat is required under such Act to be a part of and govern this Agreement, such required the latter provision shall control.. If any provision of this Agreement modifies or
Appears in 1 contract
Samples: Doral Properties Inc
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with the duties imposed on any duties under any required provision Person by the provisions of Sections 310 to 317, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required provision imposed duties shall control.. Senior Indenture 11
Appears in 1 contract
Samples: Tesoro Alaska Co
Conflict with Trust Indenture Act. If any provision hereof or of any supplemental indenture hereto limits, qualifies or conflicts with any provision of Sections 310 through 317, inclusive, of the Trust Indenture Act, which provision imposes duties under on any required provision Person, the applicable provisions of Sections 310 through 317, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereof, such required provision shall control.
Appears in 1 contract
Conflict with Trust Indenture Act. This Indenture is subject to, and shall be governed by, the provisions of the Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with the duties imposed on any duties under any required provision person by the provisions of Sections 310 to 317, inclusive, of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required provision imposed duties shall control.
Appears in 1 contract
Samples: Talx Corp
Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with another provision hereof which is required to be included In this Indenture by any duties under any required provision of the provisions of the Trust Indenture Act imposed hereon by Section 318(c) thereofAct, such required provision shall control.
Appears in 1 contract
Samples: Lehman Brothers Holdings Inc
Conflict with Trust Indenture Act. If and to the extent that any provision hereof of this Indenture limits, qualifies or conflicts with any duties under any required provision of the Trust Indenture Act imposed hereon by Section 318(c318(d) thereof, such required provision shall control.
Appears in 1 contract
Samples: Callon Petroleum Co