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.)
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
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
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
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.)