Common use of Disqualification; Conflicting Interests Clause in Contracts

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 10 contracts

Samples: Indenture (American Community Bancshares Inc), Southern Community Financial Corp, Apab Capital Trust I

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.)

Appears in 8 contracts

Samples: Indenture (Seitel Capital Trust Ii), Litchfield Capital Trust Ii, Lyondell Trust Iii

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of subject to the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenturepenultimate paragraph thereof.

Appears in 7 contracts

Samples: Consol Energy Inc, Human Genome Sciences Inc, Fox Entertainment Group Inc

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of if the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed Act is then applicable to be specifically described in this Indenture.

Appears in 6 contracts

Samples: Indenture (Heartland Financial Usa Inc), Indenture (BCSB Bankcorp Inc), Indenture (Florida Banks Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes . Nothing herein shall prevent the Trustee from filing with the Commission the application referred to in the second to last paragraph of the first proviso contained in said Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture310(b).

Appears in 3 contracts

Samples: Pogo Producing Co, Houston Industries Inc, Litchfield Financial Corp /Ma

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Partnership shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 2 contracts

Samples: Suburban Propane Partners Lp, Suburban Propane Partners Lp

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the -35- Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 1 contract

Samples: Old Second Bancorp Inc

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Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "β€œconflicting interest" ” within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided. This Indenture shall always have a Trustee who satisfies the requirements of Sections 310(a)(1), however, that for purposes of the first proviso contained in Section 310 (b2) and (5) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 1 contract

Samples: Indenture (Depomed Inc)

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b310(b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 1 contract

Samples: Southern Community Financial Corp

Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "conflicting interest" interest within the meaning of Section 310(b) of the Trust Indenture Act, the Trustee and the Corporation Company shall in all respects comply with the provisions of Section 310(b) of the Trust Indenture Act; provided, however, that for purposes of the first proviso contained in Section 310 (b) of the Trust Indenture Act, the Trust Agreement and Preferred Securities Guarantee shall be deemed to be specifically described in this Indenture.

Appears in 1 contract

Samples: American Bank Inc

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