Common use of Individual Rights of the Trustee Clause in Contracts

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.

Appears in 56 contracts

Samples: Indenture (Freshpet, Inc.), Indenture (Innoviva, Inc.), Loan and Security Agreement (Outbrain Inc.)

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Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.03.

Appears in 22 contracts

Samples: Indenture (Marathon Digital Holdings, Inc.), Indenture (Farfetch LTD), Indenture (Dick's Sporting Goods, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.03.

Appears in 18 contracts

Samples: Indenture (Vertex, Inc.), Indenture (Oil States International, Inc), Indenture (Omeros Corp)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.0311.03.

Appears in 7 contracts

Samples: Indenture (MultiPlan Corp), Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition Corp.)

Individual Rights of the Trustee. The Trustee, Trustee in its individual or any other capacity, capacity may become the owner or pledgee of any Note Notes and may otherwise deal with the Company Issuer or any of its Affiliates with the same rights that it would have if it were not Trustee; and any Paying Agent, Registrar or any other agent of the Trustee may do the same with like rights; provided, however, that if the Trustee acquires a any of them acquire any “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it they must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have in accordance with the same rights and duties as the Trustee under terms of this Section 10.03Indenture.

Appears in 6 contracts

Samples: Supplemental Indenture (Alcoa Corp), Indenture (Alcoa Inc.), Indenture (Alcoa Upstream Corp)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.0311.03.

Appears in 6 contracts

Samples: Indenture (Spotify Technology S.A.), Indenture (Rexford Industrial Realty, Inc.), First Supplemental Indenture (Centennial Resource Development, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.03.

Appears in 3 contracts

Samples: Indenture (2U, Inc.), Indenture (2U, Inc.), Indenture (Oil States International, Inc)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.03.

Appears in 3 contracts

Samples: Indenture (Edgio, Inc.), Indenture (Limelight Networks, Inc.), Indenture (Limelight Networks, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture ActAct of 1939, as amended), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.03.

Appears in 2 contracts

Samples: Indenture (K2m Group Holdings, Inc.), Supernus Pharmaceuticals Inc

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee under this Section 10.03.

Appears in 2 contracts

Samples: Indenture (SMART Global Holdings, Inc.), Indenture (SMART Global Holdings, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note Note, Senior Indebtedness or Designated Senior Indebtedness and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section 10.0311.03.

Appears in 2 contracts

Samples: Indenture (Coherus BioSciences, Inc.), 3668083.app.netsuite.com

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03. Section 10.04.

Appears in 2 contracts

Samples: Xeris Biopharma Holdings, Inc., Progress Software Corp /Ma

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.11.03. ​

Appears in 1 contract

Samples: Inotiv, Inc.

Individual Rights of the Trustee. The Trustee, Trustee in its individual or any other capacity, capacity may become the owner or pledgee of any Note Notes and may otherwise deal with the Company Issuers or any Affiliate of its Affiliates the Issuers with the same rights that it would have if it were not Trustee; provided. However, however, in the event that if the Trustee acquires a “any conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trusteeresign. Each Note Any Agent will have may do the same with like rights and duties as the duties. The Trustee under this is also subject to Section 10.037.9.

Appears in 1 contract

Samples: Indenture (Venator Materials PLC)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) 90 days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.0310.02(J).

Appears in 1 contract

Samples: Indenture (Imax Corp)

Individual Rights of the Trustee. The Trustee, Trustee in its individual or any other capacity, capacity may become the owner or pledgee of any Note Notes and may otherwise deal with the Company or any Affiliate of its Affiliates the Company with the same rights that it would have if it were not the Trustee; provided. However, however, in the event that if the Trustee acquires a “any conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then interest it must eliminate such conflict within ninety (90) days 90 days, apply to the SEC for permission to continue as the trustee or resign as Trusteeresign. Each Note Any Agent will have may do the same with like rights and duties as the duties. The Trustee under this Section 10.03is also subject to Sections 7.10 and 7.11 hereof.

Appears in 1 contract

Samples: Amerco /Nv/

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.0310.02(G).

Appears in 1 contract

Samples: Indenture (Corium International, Inc.)

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Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights Table of Contents that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.

Appears in 1 contract

Samples: Indenture (Progenity, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.will

Appears in 1 contract

Samples: Peabody Energy Corp

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee trustee under this Section 10.0311.03.

Appears in 1 contract

Samples: Indenture (NRG Energy, Inc.)

Individual Rights of the Trustee. The Trustee, Trustee in its individual or any other capacity, capacity may become the owner or pledgee of any Note Notes and may otherwise deal with the Company or any Affiliate of its Affiliates the Company with the same rights that it would have if it were not the Trustee; provided. However, however, in the event that if the Trustee acquires a “any conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days 90 days, apply to the SEC for permission to continue as the Trustee or resign as the Trustee. Each Note Any Agent will have and the Second Lien Collateral Agent may do the same with like rights and duties as the duties. The Trustee under this is also subject to Section 10.037.10.

Appears in 1 contract

Samples: Indenture (Alta Equipment Group Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section ‎Section 10.03.

Appears in 1 contract

Samples: Supplemental Indenture (Biora Therapeutics, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03Article 10.

Appears in 1 contract

Samples: Indenture (Nextgen Healthcare, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture ActAct of 1939, as amended), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the that same rights and duties as the Trustee under this Section 10.03.

Appears in 1 contract

Samples: K2m Group Holdings, Inc.

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.. 

Appears in 1 contract

Samples: Indenture (Kadmon Holdings, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights Exhibit 4.1 that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee under this Section 10.03.

Appears in 1 contract

Samples: Indenture (Cardlytics, Inc.)

Individual Rights of the Trustee. The Trustee, in its individual or any other capacity, may become the owner or pledgee of any Note and may otherwise deal with the Company or any of its Affiliates with the same rights that it would have if it were not Trustee; provided, however, that if the Trustee acquires a “conflicting interest” (within the meaning of Section 310(b) of the Trust Indenture Act), then it must eliminate such conflict within ninety (90) days or resign as Trustee. Each Note Agent will have the same rights and duties as the Trustee trustee under this Section ‎Section 10.03.

Appears in 1 contract

Samples: Indenture (Lucid Group, Inc.)

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