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
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
Disqualification; Conflicting Interests. If the Trustee has or shall acquire any "βconflicting interest" β 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